§ 344.4. 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 juvenile delinquency proceeding for
a crime or an attempt to commit a crime defined in article one hundred
thirty 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 juvenile delinquency
proceeding; or

* 3. rebuts evidence introduced by the presentment agency of the
victim's failure to engage in sexual intercourse, oral sexual conduct,
anal sexual conduct or sexual contact during a given period of time; or

* NB Effective until September 1, 2024

* 3. rebuts evidence introduced by the presentment agency 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

* NB Effective September 1, 2024

4. rebuts evidence introduced by the presentment agency 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,
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.