Senate bill · S10632 (2025-26)

Prohibits the use of intoxication of the victim as a defense in sex crimes

New York State Senate

Same as A101, the matching bill in the Assembly.

Latest action Jun 4, 2026

Sponsor: Nathalia Fernandez (State Senator, District 34, Democratic)

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From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Oct 25, 2026. About our data

Summary

Prohibits the use of intoxication of the victim as a defense in sex crimes where the victim is under the influence of any drug, intoxicant, or other substance to a degree which rendered the victim temporarily incapable of appraising or controlling such person's conduct and such condition was known or reasonably should have been known to a person in the actor's situation.

Summary from NY Open Legislation. How we handle summaries

Amends the Penal Law.

Purpose, from the sponsor's memo

To allow sex crimes charges to be brought in cases where the victim had become voluntarily intoxicated if a reasonable person in the defendant's position should have known that the victim was incapable of giving consent due to intoxication.

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Where it stands

Passed one of the two chambers; it still needs the other.

Introduced
In committee
Up for a vote
Passed one chamber
Passed
Enacted

Committee

Codes · New York State Assembly

Also referred to Codes · New York State Senate, Rules · New York State Assembly, Rules · New York State Senate.

Your position on this bill

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Cosponsors

Showing the cosponsors who are on Agora, A to Z. The official record may list more.

Read on NY Senate

Democratic101
Republican39

This bill has cosponsors from more than one party.

Shown in neutral colors by design; Agora is non-partisan.

Show the full list (140 names)

The sponsor's argument

Why Nathalia Fernandez says this is needed

Currently, victims of sex crimes-in cases where the abused individual voluntarily consumes alcohol and/or drugs to the point of intoxication- are not able to seek adequate recourse. The penal law, in its definition of mental incapacitation, only recognizes cases where a substance is administered involuntarily. Therefore, prosecutors are limited in their ability to bring about charges involving cases where the abused individ- ual voluntarily consumed intoxicating substances. As we know, mental incapacitation and the subsequent inability to consent to sexual acts is not dependent on whether an individual volun- tarily or involuntarily consumed an intoxicating substance. When such arbitrary determinations are made, we advance a culture that denies a voice to victims and further denies access to a criminal justice system meant to support, not deny sexual abuse survivors the justice they deserve.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.

Recorded votes

Vote: Floor vote
NY SenateJun 4, 2026Result: passed
(60) (0) (0) (3)

Full history

Jun 4, 2026
Sent to the executive
DELIVERED TO ASSEMBLY
NY Senate
Jun 4, 2026
Ordered to Third Reading CAL.1781
ORDERED TO THIRD READING CAL.1781
NY Senate
Jun 4, 2026
Passed a chamber
PASSED SENATE
NY Senate
Jun 4, 2026
Referred to committee
REFERRED TO CODES
NY Assembly
Jun 1, 2026
Referred to committee
REFERRED TO RULES
NY Senate

Show full history (5 earlier events)

May 5, 2026
Amend by Restoring to Original Print 101
AMEND BY RESTORING TO ORIGINAL PRINT 101
NY Assembly
Jan 7, 2026
Referred to committee
REFERRED TO CODES
NY Assembly
Jun 9, 2025
Amend (t) and Recommit to Rules
AMEND (T) AND RECOMMIT TO RULES
NY Assembly
May 28, 2025
Reported out of committee
REPORTED REFERRED TO RULES
NY Assembly
Jan 8, 2025
Referred to committee
REFERRED TO CODES
NY Assembly

Read the record

Read on NY Senate (opens in a new tab) The official record on nysenate.gov.