Establishes incapacity to consent when a person is a witness to or subject of an investigation under certain circumstances

This bill (A 5399) amends New York's penal law to establish that a person is legally incapable of consenting to sexual acts if they are a witness, victim, suspect, or person of interest in a law enforcement investigation while a police officer or law enforcement official is involved in that investigation. It specifically creates a legal presumption of incapacity during the active investigation period for these individuals when interacting with law enforcement personnel participating in the case. The law includes an exception: if a prior sexual relationship existed before the investigation began, the person is not deemed incapable of consent. This change directly affects law enforcement officers and individuals involved in ongoing investigations, clarifying consent status under these specific circumstances.