Too drunk to consent is too drunk to consent.
In 19 states, the law counts someone as unable to consent because of alcohol or drugs only if those were given to them without their consent. If they drank on their own, prosecutors often can't bring a rape charge, no matter how incapacitated they were. How the loophole works, with real cases.
This site was inspired by the AP article published September 29, 2026 by Claudia Lauer & David A. Lieb; Cornell rape allegations lead to renewed scrutiny of laws on intoxication and consent
Enter your ZIP code. If you live in a loophole state, we'll write the email and allow you to contact your own state legislators. Add your personal touch along with our message & press send.
Find your state legislators
Why now
Alcohol or drugs are involved in many sexual assaults on college campuses. A recent lawsuit by a former Cornell student has brought new attention to how state laws treat victims who were too intoxicated to consent.
Why I made this site
This week, the AP published an article about "intoxication loopholes" in 19 states' laws. A loophole doesn't guarantee a case gets dropped, but it leaves enough room to matter. My little sister just started college and plans to rush, and I'm a fraternity alum myself. Greek life gave me a great community, and it has to be safe for everyone in it. After reading about the allegations and these loopholes, I wanted to do something.
So I built this site. Enter your ZIP code or address, find your state legislators, read the law for yourself, and send them an email asking them to close the gap. Let's take it from 19 states to zero!
Minnesota, Michigan and Texas have closed this gap since 2021, so it can be done. See how each state fixed it.
Sources
The 19 states with the loophole
Statute and bill links as of September 30, 2026.
Connecticut
- Current law: Conn. Gen. Stat. § 53a-65
- No bill to close the loophole was found as of September 30, 2026. Ask your legislators to file one.
- Connecticut Legislature
- RAINN's summary of Connecticut consent law
Delaware
- Current law: Del. Code tit. 11, § 761
- No bill to close the loophole was found as of September 30, 2026. Ask your legislators to file one.
- Delaware Legislature
- RAINN's summary of Delaware consent law
Florida
Florida lawmakers have tried to close the loophole before, but no bill has passed.
- Current law: Fla. Stat. § 794.011
- Bill: HB 123 (2023). Would have covered voluntarily intoxicated victims. Died in committee on May 5, 2023.
- Bill: SB 1022 (2023). Senate companion to HB 123. Did not pass.
- Florida Legislature
- RAINN's summary of Florida consent law
Hawaii
- Current law: Haw. Rev. Stat. § 707-700
- No bill to close the loophole was found as of September 30, 2026. Ask your legislators to file one.
- Hawaii Legislature
- RAINN's summary of Hawaii consent law
Indiana
- Current law: Ind. Code § 35-42-4-1
- No bill to close the loophole was found as of September 30, 2026. Ask your legislators to file one.
- Indiana Legislature
- RAINN's summary of Indiana consent law
Kentucky
- Current law: Ky. Rev. Stat. § 510.010
- No bill to close the loophole was found as of September 30, 2026. Ask your legislators to file one.
- Kentucky Legislature
- RAINN's summary of Kentucky consent law
Maine
- Current law: Me. Rev. Stat. tit. 17-A, § 253
- No bill to close the loophole was found as of September 30, 2026. Ask your legislators to file one.
- Maine Legislature
- RAINN's summary of Maine consent law
Mississippi
- Current law: Miss. Code § 97-3-97
- No bill to close the loophole was found as of September 30, 2026. Ask your legislators to file one.
- Mississippi Legislature
- RAINN's summary of Mississippi consent law
Missouri
- Current law: Mo. Rev. Stat. § 566.030
- No bill to close the loophole was found as of September 30, 2026. Ask your legislators to file one.
- Missouri Legislature
- RAINN's summary of Missouri consent law
New Hampshire
- Current law: N.H. Rev. Stat. § 632-A:2
- No bill to close the loophole was found as of September 30, 2026. Ask your legislators to file one.
- New Hampshire Legislature
- RAINN's summary of New Hampshire consent law
New Jersey
- Current law: N.J. Stat. § 2C:14-1
- No bill to close the loophole was found as of September 30, 2026. Ask your legislators to file one.
- New Jersey Legislature
- RAINN's summary of New Jersey consent law
New York
- Current law: N.Y. Penal Law § 130.00
- Bill: A101. Sponsored by Asm. Jeffrey Dinowitz with 95 co-sponsors, a majority of the Assembly. Still in the Assembly Codes Committee without a floor vote.
- Bill: S10632. Sponsored by Sen. Nathalia Fernández. Passed the Senate on June 4, 2026.
- New York Legislature
- RAINN's summary of New York consent law
North Dakota
- Current law: N.D. Cent. Code ch. 12.1-20
- No bill to close the loophole was found as of September 30, 2026. Ask your legislators to file one.
- North Dakota Legislature
- RAINN's summary of North Dakota consent law
Oklahoma
- Current law: Okla. Stat. tit. 21, § 1111
- No bill to close the loophole was found as of September 30, 2026. Ask your legislators to file one.
- Oklahoma Legislature
- RAINN's summary of Oklahoma consent law
Pennsylvania
- Current law: 18 Pa. Cons. Stat. § 3121
- No bill to close the loophole was found as of September 30, 2026. Ask your legislators to file one.
- Pennsylvania Legislature
- RAINN's summary of Pennsylvania consent law
Tennessee
- Current law: Tenn. Code § 39-13-501
- No bill to close the loophole was found as of September 30, 2026. Ask your legislators to file one.
- Tennessee Legislature
- RAINN's summary of Tennessee consent law
Utah
- Current law: Utah Code § 76-5-406
- No bill to close the loophole was found as of September 30, 2026. Ask your legislators to file one.
- Utah Legislature
- RAINN's summary of Utah consent law
West Virginia
- Current law: W. Va. Code § 61-8B-1
- No bill to close the loophole was found as of September 30, 2026. Ask your legislators to file one.
- West Virginia Legislature
- RAINN's summary of West Virginia consent law
Wyoming
- Current law: Wyo. Stat. § 6-2-303
- No bill to close the loophole was found as of September 30, 2026. Ask your legislators to file one.
- Wyoming Legislature
- RAINN's summary of Wyoming consent law