§ 60.42 Rules of evidence; admissibility of evidence of victim's sexual\n conduct in sex offense cases.\n Evidence of a victim's sexual conduct shall not be admissible in a\nprosecution for an offense or an attempt to commit an offense defined in\narticle one hundred thirty or in section 230.34 of the penal law unless\nsuch evidence:\n 1. proves or tends to prove specific instances of the victim's prior\nsexual conduct with the accused; or\n 2. proves or tends to prove that the victim has been convicted of an\noffense under section 230.00 of the penal law within three years prior\nto the sex offense which is the subject of the prosecution; or\n 3. rebuts evidence introduced by the people of the victim's failure to\nengage in vaginal sexual contact, oral sexual contact, anal sexual\ncontact or sexual contact during a given period of time; or\n 4. rebuts evidence introduced by the people which proves or tends to\nprove that the accused is the cause of pregnancy or disease of the\nvictim, or the source of semen found in the victim; or\n 5. is determined by the court after an offer of proof by the accused\noutside the hearing of the jury, or such hearing as the court may\nrequire, and a statement by the court of its findings of fact essential\nto its determination, to be relevant and admissible in the interests of\njustice.\n
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