1. The Laws of New York
  2. Consolidated Laws
  3. Criminal Procedure
  4. Part 1: General Provisions
  5. Title D: Rules of Evidence, Standards of Proof and Related Matters
  6. Article 60: Rules of Evidence and Related Matters


Section 60.43 Rules of evidence; admissibility of evidence of victim's sexual conduct in non-sex offense cases

Criminal Procedure (CPL)

§ 60.43 Rules of evidence; admissibility of evidence of victim's sexual

   conduct in non-sex offense cases.

  Evidence of the victim's sexual conduct, including the past sexual conduct of a deceased victim, may not be admitted in a prosecution for any offense, attempt to commit an offense or conspiracy to commit an offense defined in the penal law unless such evidence is determined by the court to be relevant and admissible in the interests of justice, after an offer of proof by the proponent of such evidence 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.