Preventing Contraception from Becoming Evidence in NY
February 24, 2026
Memorandum of Support: A.178 (Cruz) / Senate Sponsor Pending
An act to amend the civil practice law and rules, the criminal procedure law and the
executive law, in relation to prohibiting the possession of reproductive or sexual health
devices from being permitted in specified criminal or civil proceedings as evidence of
prostitution.
Woodhull Freedom Foundation SUPPORTS A.178 (Cruz) / (Senate sponsor pending),
legislation that would prohibit the possession of reproductive or sexual health devices
from being permitted in specified criminal or civil proceedings as evidence of certain
prostitution-related offenses.
Current law bars the use of possession of condoms as evidence in prosecutions under §
230.00 of the Penal Law (prostitution). This legislation would expand existing law to
cover all prostitution offenses under Article 230 of the Penal Law as well as certain civil
claims related to prostitution, such as unlawful use of a multiple dwelling for the purpose
of prostitution. The bill also expands the prohibition to include any contraceptive or other
tool used to prevent unwanted pregnancy and/or the transmission of HIV and other
sexually transmitted diseases. A.178 also requires that law enforcement receive training
regarding the prohibition of introducing reproductive or sexual health devices into
evidence; and establishes that unauthorized seizure or confiscation of reproductive or
sexual health devices constitutes a breach of public policy.
Preventing sexually transmitted infections and unwanted pregnancy are important public
health goals. Sex workers and people experiencing trafficking should be able to use
sexual health devices free of fear of arrest to protect their own health and wellbeing.
Unfortunately, sex workers are often forced to choose between protecting themselves or
risking arrest. The protections proposed in this bill will ensure that sex workers can carry
condoms and other reproductive or sexual health devices without fear that those devices
will be used as evidence against them. This legislation is intended to protect the health
of vulnerable New Yorkers, including victims and trafficking and sex workers, while
preserving the ability of law enforcement to prosecute sex offenses.
We strongly SUPPORT A.178 and urge the Senate and Assembly to pass it.