§ 14 §8305 — Civil recovery for nonconsensual removal of or tampering with a condom

1.
Definitions.
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
2.
Civil action; relief.
A person who engages in a consensual sexual act with another person with the understanding that a condom would be used during the sexual act may bring a civil action against the other person for actual damages, compensatory damages, punitive damages, injunctive relief, any combination of those or any other appropriate relief based on the nonconsensual removal of or tampering with a condom if the other person:
3.
Previous consent.
Evidence of consent to engage in a previous sexual act without a condom does not by itself demonstrate consent for engaging in a subsequent sexual act without a condom.
4.
No limitation.
The provisions of this chapter may not be construed to prohibit or limit any other cause of action that a person may have against another person who performs an action described by subsection 2.

Legislative History

PL 2023, c. 298, §1 (NEW).