New York statute
N.Y. Criminal Procedure Law § 60.42 — Rules of evidence; admissibility of evidence of victim's sexual conduct in sex offense cases
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 60: Rules of Evidence and Related Matters, New York Criminal Procedure Law.
Full text of N.Y. Criminal Procedure Law § 60.42
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
60.42 Rules of evidence; admissibility of evidence of victim's sexual
conduct in sex offense cases.
Evidence of a victim's sexual conduct shall not be admissible in a
prosecution for an offense or an attempt to commit an offense defined in
article one hundred thirty or in section 230.34 of the penal law unless
such evidence:
1. proves or tends to prove specific instances of the victim's prior
sexual conduct with the accused; or
2. proves or tends to prove that the victim has been convicted of an
offense under section 230.00 of the penal law within three years prior
to the sex offense which is the subject of the prosecution; or
3. rebuts evidence introduced by the people of the victim's failure to
engage in vaginal sexual contact, oral sexual contact, anal sexual
contact or sexual contact during a given period of time; or
4. rebuts evidence introduced by the people which proves or tends to
prove that the accused is the cause of pregnancy or disease of the
victim, or the source of semen found in the victim; or
5. is determined by the court after an offer of proof by the accused
outside the hearing of the jury, or such hearing as the court may
require, and a statement by the court of its findings of fact essential
to its determination, to be relevant and admissible in the interests of
justice.
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