HB 3586
Creates a civil cause of action against a person who removes a condom without the consent of the plaintiff.
Take action
Record your position on this measure.
Sign in to record your position, submit testimony, or contact your legislator.
Sign in to take action- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill creates a legal pathway for individuals to sue someone who removes a condom during sexual activity without their consent. If a person engages in sexual intercourse with a condom agreement, and the condom is then removed without the plaintiff’s verbal agreement, the person who removed it could be held liable for sexual battery. Successful plaintiffs can recover damages including emotional distress, punitive damages, and attorney fees.
Key provisions
- Allows a civil action for sexual battery.
- Requires an agreement for condom use before sexual intercourse.
- Prohibits removing a condom without the plaintiff’s verbal consent.
- Defines ‘any form of sexual intercourse’ to include oral and anal intercourse.
- Provides for recovery of special and general damages, punitive damages, attorney fees, and equitable relief.
Who is affected
- Individuals who engage in sexual activity.
- Individuals who remove condoms without consent.
- Potential plaintiffs seeking legal recourse.
- Legal professionals involved in sexual assault cases.
Notable changes
- Establishes a new civil cause of action specifically for removing a condom without consent.
- Clarifies the definition of ‘any form of sexual intercourse’ to include oral and anal intercourse.
Sponsors
Official sponsors from legislative records.
Primary sponsor
Cosponsors
Emerson Levy
Arguments in favor
Reasons to support this legislation.
No arguments in favor have been submitted.
Submit yoursArguments opposed
Reasons to oppose this legislation.
No arguments opposed have been submitted.
Submit yours