New York proposes making drunk sex a crime, not just a campus violation

Article here. Excerpt:

'The same governor who pushed through the affirmative consent standard now wants to force everyone to abide by this campus regime.

Democrat Andrew Cuomo wants to close what the Associated Press calls a “loophole” in state law, that a voluntarily intoxicated person who is conscious can legally consent to sexual activity. This concern was brought to him at the behest of Manhattan District Attorney Cyrus Vance:

"New York law currently says someone who becomes drunk voluntarily is not deemed “mentally incapacitated” when it comes to giving consent. The statu[t]e does cover victims who become unconscious or are administered drugs or alcohol without their consent.

District attorneys have said the current law allows defendants to claim sexual activity was consensual even when a victim was too impaired to know what was happening."

How would the law define “too impaired”? Neither Cuomo nor Vance, who declined to arrest and prosecute Harvey Weinstein, gives an explanation.'