Assemblyman Edward C. Braunstein (D-Bayside) announced that Governor Andrew M. Cuomo signed into law legislation he proposed that would establish an incapacity to consent when a person is detained or otherwise in the custody of a law enforcement officer.

Under current law, sexual contact is prohibited between corrections officers and parole officers and those in their custody, but this statutory restriction does not expressly include police officers. This legislation amends the Penal Law to also expressly include police officers.

“The power dynamic between an individual in custody and the officers themselves is such that the person in custody is incapable of consenting to sexual activity,” said Assemblyman Braunstein. “State law already prohibits sexual contact between corrections officers and parole officers and those in their custody. This common sense legislation ensures that individuals in police custody are also protected from coercive sexual behavior committed by officers exploiting their authority.”