2012 – S.323 / A.1008

2012 – S.323 / A.1008

Position Statement – 2012

S.323 / A.1008
Prohibits Possession of Certain Condoms as Evidence


Currently, possession of condoms may be introduced as evidence of prostitution. It does not promote public health and welfare if the law discourages prostitutes from carrying condoms. The mere act of carrying or otherwise possessing condoms should not, in whole or in part, expose the individuals to the risk of being accused of prostitution or directly related offenses. If passed, this bill would encourage the use of condoms amongst all populations without affecting the sanction against prostitution.

By amending the civil practice law and rules, the criminal procedure law and the executive law, in relation to the use in evidence of the fact of possession of a condom, the use of condoms and other contraceptive devices would be endorsed by public policy.

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