SB 2979

Abstract

Creates the Nonconsensual Sexually Protective Device Removal or Tampering Act. Defines terms. Provides that a person commits nonconsensual sexually protective device removal by causing contact between a sexual organ, from which a sexually protective device has been intentionally removed, and the intimate part of another who did not consent to the sexually protective device being removed or by causing contact between an intimate part of the person and a sexual organ of another from which the person intentionally removed a sexually protective device without consent. Provides that a person commits nonconsensual sexually protective device tampering by causing contact between a sexual organ, with a sexually protective device that has been intentionally tampered with, and the intimate part of another who did not consent to the sexually protective device being tampered with or by causing contact between an intimate part of the person and a sexual organ of another with a sexually protective device that has been intentionally tampered with without consent. Provides that a person who commits nonconsensual sexually protective device removal or tampering is liable to the other person for damages, and the court may further award equitable relief for the other person. Requires that the trier of fact consider previous findings of liability for nonconsensual sexually protective device removal or tampering when awarding punitive damages. Provides that the Act does not affect a remedy available under any other laws of the State.