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Deceiving Your Sex Partner Would Be a Crime Under Bill Backed by New York Democrats

Added 04-08-21 10:21:02am EST - “Plus: Tennessee tries to micromanage media, Biden's ATF nominee worked Waco case, and more...” - Reason.com

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Posted By TheNewsCommenter: From Reason.com: “Deceiving Your Sex Partner Would Be a Crime Under Bill Backed by New York Democrats”. Below is an excerpt from the article.

Elizabeth Nolan Brown | 4.8.2021 9:40 AM

Obtaining sex through "deception," "concealment," or "artifice" could violate consent. A group of New York lawmakers is trying to redefine consent in a way that would make it a crime to be less than fully truthful with sex partners. Under the new proposal, antics now considered merely caddish or immoral—like lying to a prospective sex partner about one's relationship status, social standing, or future intentions—would count as criminal sexual misconduct.

Now in committee, Assembly Bill A6540—sponsored by Assembly Member Rebecca Seawright (D–New York City) and co-sponsored by three other Democratic lawmakers—would amend New York state's penal code to define consent as "freely given knowledgeable and informed agreement" that is "obtained without the use of malice such as forcible compulsion, duress, coercion, deception, fraud, concealment or artifice."

Sex through "forcible compulsion" is already considered rape in the first degree under New York law. The biggest change Seawright's bill would have is on the state's law against sexual misconduct.

A person becomes guilty of sexual misconduct if "he or she engages in sexual intercourse with another person without such person's consent; or he or she engages in oral sexual conduct or anal sexual conduct with another person without such person's consent." Thus, if consent is defined as sex obtained without any deception, concealment, or artifice, anyone who lies to or omits information from a prospective sexual partner would be guilty of sexual misconduct (a class A misdemeanor).

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