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Bill

A 101

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

2025 Regular Session Introduced by George Alvarez and 93 co-sponsors

Prohibits using a victim's intoxication as a defense in sex crimes, strengthening victims' rights and preventing consent from being negated by intoxication.

AMEND BY RESTORING TO ORIGINAL PRINT 101
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Bill Summary · A 101

Summary of Assembly Bill A 101 (Prohibits the use of intoxication of the victim as a defense in sex crimes)

Overview and intent

  • Bill Number: A 101
  • Title: Prohibits the use of intoxication of the victim as a defense in sex crimes
  • Primary purpose: To strengthen protections for victims in sex-crime cases by preventing the defense from arguing that a victim’s intoxication negates consent or otherwise excuses the alleged conduct.

What the bill would do

  • Core provision: The bill would prohibit the use of intoxication of the victim as a defense in sex crimes. In other words, a defendant could not rely on or advance the victim’s intoxication as a defense to liability or to challenge the validity of consent.

Note: The text provided does not include detailed statutory language or any ancillary provisions (definitions, exceptions, or related evidentiary rules). The description above reflects the bill’s stated core objective based on the title and summary.

Scope and affected parties

  • Affected parties:
    • Victims of sex crimes (e.g., rape, sexual assault) who may have their intoxication cited as a factor in disputes over consent.
    • Defendants charged with sex crimes, who would be barred from using a victim’s intoxication as a defense.
    • Prosecutors, judges, and defense attorneys handling sex-crime prosecutions.
  • Geographic/jurisdiction: New York State Assembly (A-number indicates assembly bill).

Procedural status and timeline

  • Introduced: January 8, 2025
  • Legislative status updates:
    • January 8, 2025: Referred to CODES (Codes Committee)
    • May 28, 2025: Reported Referred to Rules
    • June 9, 2025: Print number updated to 101A
    • June 9, 2025: Amendments (T) and Recommit to Rules recorded
  • Related actions: There are companion or related bills in the Senate (S 54) and prior-session related Assembly bills (A 8634, A 5519, A 1065).

Sponsorship

  • Large group of cosponsors; primary sponsor listed among the Assembly members, with extensive bipartisan/assembly support. Notable sponsors include:
    • Jeffrey Dinowitz (primary)
    • Judy Griffin and numerous other cosponsors
  • Additional context: The broad sponsor list suggests strong cross-district support for strengthening victims’ rights in sex-crime prosecutions.

Related measures

  • Related bills and companion: S 54 (companion), A 8634, A 5519, A 1065 (prior-session references)
  • Relationship to other criminal-justice reform or victims’ rights measures may be inferred from the companion and related bills.

Potential impacts and considerations

  • Victim protections: Likely to enhance victim protections by preventing defenses that hinge on victim intoxication.
  • Legal strategy: Prosecutors would retain the ability to argue lack of consent without the counter-argument that intoxication excuses or negates the act.
  • Implementation questions (not specified in the provided text): Whether the bill defines “intoxication” or sets applicable evidentiary rules, timelines for retroactive application, and any transitional provisions.

Next steps

  • Monitor Committee action (CODES and Rules) and any floor votes.
  • Review the full text upon release of the 101A version for precise definitions, exceptions, and enforcement mechanisms.

Compiled from official sources — confirm details with the bill’s official record.

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