Establishing a civil cause of action for nonconsensual removal or tampering with a sexually protective device

What it would have done

Summary by the Legislative Reference Bureau, the Legislature's nonpartisan drafting office. It's their wording, not ours.

This bill establishes a civil cause of action for damages for nonconsensual removal or tampering with a sexually protective device. The bill defines a sexually protective device as a male or female condom, spermicide, diaphragm, cervical cap, contraceptive sponge, dental dam, or any other physical device intended to prevent pregnancy or sexually transmitted infection.

Under the bill, a person who engaged in sexual intercourse or sexual contact that was mutually agreed upon by the parties involved with the explicit understanding and knowledge that a sexually protective device would be used to help prevent or safeguard against pregnancy or a sexually transmitted infection has a civil cause of action against that other person if the other person 1) intentionally and without consent removed or tampered with the sexually protective device during sexual intercourse or sexual contact, in a manner likely to render such device ineffective for its common purpose; 2) intentionally and without consent used a sexually protective device during such sexual intercourse or sexual contact that the other person knew had been tampered with in a manner likely to render such device ineffective for its common purpose; or 3) intentionally misled the plaintiff into believing that a sexually protective device was being used by that other person during sexual intercourse or sexual contact, and that sexually protective device was known by the other person to be either not used or inoperable.

Who's behind it

7 senators are its authors⁠. All 7 are Democrats.

17 more lawmakers signed on in support⁠.