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

This bill amends New York's Penal Law to establish that a person is legally incapable of consenting to sexual activity if they are a witness, victim, suspect, or person of interest in an ongoing law enforcement investigation, and the other person is a law enforcement official involved in that investigation. It specifically creates this incapacity for individuals under investigation, with an exception: prior consensual relationships before the investigation began do not affect this rule. The law applies when the actor (the person accused) is a law enforcement official who knows or should know the victim was involved in the investigation. This change modifies existing consent provisions in the Penal Law to address power dynamics during active police investigations.