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Bill

Bill

A 6382

Relates to the use in evidence of the fact of possession or presence on the premises of condoms and other sexual and reproductive health devices

2025 Regular Session Introduced by Harry Bronson and 7 co-sponsors

New York bill prohibits using condom or contraceptive possession as criminal evidence, protecting sex workers and trafficking victims from prosecution based on reproductive health choices.

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Bill Summary · A 6382

Legislative bill overview

Bill A 6382 would prohibit the use of condom or sexual/reproductive health device possession as evidence of criminal activity in New York courts. The bill prevents law enforcement from using the mere presence of condoms, contraceptives, or related devices found on a person or premises as circumstantial evidence to infer illegal conduct, particularly in prostitution or sex trafficking cases.

Why is this important

This addresses a documented practice where police have used condom possession to build cases against sex workers and trafficking victims, effectively criminalizing safe sex practices. The bill aims to protect public health by removing a disincentive for carrying condoms while also protecting vulnerable populations from prosecutorial overreach based on reproductive health choices.

Potential points of contention

  • Law enforcement perspective: Police may argue that condom possession, combined with other evidence, provides valuable investigative leads in trafficking and prostitution cases, and that restricting this evidentiary tool hampers prosecution efforts
  • Scope concerns: Questions exist about whether this applies equally to all contexts or only specific charges, and how courts should handle cases where condom presence is intertwined with other evidence
  • Implementation challenges: Defense attorneys and prosecutors may struggle with how strictly to interpret the restriction—whether it applies to written evidence, witness testimony about observed condoms, or only physical evidence presentation

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

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