S 54 New York Senate · 2025 Regular Session

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

Summary
Prohibits the use of intoxication of the victim as a defense in sex crimes where the victim is under the extreme influence of any substance which renders them incapable of appraising or controlling such victim's conduct and incapable of clearly expressing lack of consent.
Bill status passed 3 of 5 stages cleared
Introduction
Jan 2025
Committee Review
Apr 2026
Senate Passage
Apr 2026
Assembly Passage
Governor
Introduced Jan 8, 2025 Last action Apr 28, 2026
Maddy AI version diff · 1 comparison

What changed between versions

S54 S54A · 4 edits
MODERATE
The bill was updated to reflect its progression through the legislative process, including new co-sponsors and a favorable committee report. The core legal text regarding sexual assault defenses was modified to strengthen protections for victims by clarifying the conditions under which intoxication can be used as a defense.
Scope change
The bill's scope was expanded to include additional senators as co-sponsors and to cover a broader range of sexual offenses by adding specific references to 'sexual misconduct' and 'rape in the third degree' alongside the existing crimes.
ELIGIBILITY

Added new co-sponsors to the bill, expanding the group of legislators supporting the legislation.

REQUIREMENT

Updated the legal definition of intoxication defenses to require that a victim be 'clearly' under the influence and 'clearly' incapable of expressing lack of consent, raising the threshold for what constitutes a valid defense.

SCOPE

Extended the bill's applicability to include 'sexual misconduct' and 'rape in the third degree' as offenses where the intoxication defense is prohibited.

TIMELINE

Added procedural history indicating the bill was reported favorably by the committee and passed by the Senate, moving it closer to becoming law.

Floor votes · Senate May 13, 2025

How they voted

570
Passed · 5 other
Total votes 62
May 13, 2025
D Democratic40
36 Yea 4
90% Yea
R Republican22
21 Yea 1
95% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
23
Key actions
4
Committee
5
Amendments
1
Apr 28, 2026
Committee
REFERRED TO CODES
lower
Apr 28, 2026
Upper · Passed
PASSED SENATE
upper
Jan 7, 2026
Committee
REFERRED TO CODES
upper
Jun 12, 2025
Committee
REFERRED TO CODES
lower
Jun 12, 2025
Upper · Passed
REPASSED SENATE
upper
Jun 9, 2025
Upper · Passed
AMENDED ON THIRD READING (T) 54A
upper
May 13, 2025
Committee
REFERRED TO CODES
lower
May 13, 2025
Upper · Passed
PASSED SENATE
upper
Jan 8, 2025
Committee
REFERRED TO CODES
upper
1 primary · 26 co-sponsors

Sponsors