§ 344.4. Rules of evidence; admissibility of evidence of victim's\nsexual conduct in sex offense cases. Evidence of a victim's sexual\nconduct shall not be admissible in a juvenile delinquency proceeding for\na crime or an attempt to commit a crime defined in article one hundred\nthirty of the penal law unless such 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 juvenile delinquency\nproceeding; or\n 3. rebuts evidence introduced by the presentment agency of the\nvictim's failure to engage in vaginal sexual contact, oral sexual\ncontact, anal sexual contact or sexual contact during a given period of\ntime; or\n 4. rebuts evidence introduced by the presentment agency which proves\nor tends to prove that the accused is the cause of pregnancy or disease\nof the victim, 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,\nor such hearing as the court may require, and a statement by the court\nof its findings of fact essential to its determination, to be relevant\nand admissible in the interests of justice.\n
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.