Chapter 265 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding the following new section 22D:
If a person freely agrees to have sexual intercourse or sexual contact with another person on the condition that a sexually protective device is used, and that other person intentionally removes or damages the sexually protective device without permission before or during sexual intercourse or sexual contact, there has been no valid consent.
“Sexually protective device” means 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.
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