Legislation
SECTION 230.45
Limited immunity from prosecution
Penal (PEN) CHAPTER 40, PART 3, TITLE M, ARTICLE 230
* § 230.45 Limited immunity from prosecution.
1. This section applies where a person is the victim of or a witness
to a crime (including an individual who becomes aware that another
person is a victim of a crime), and has engaged or is alleged to have
engaged in an act prohibited under section 230.00 or 230.03 of this
article at or in reasonable proximity to the time of the crime or under
circumstances reasonably related to the crime, and, in good faith but
not prior to, during or subsequent to an arrest or investigation for
such prohibited act, (a) reports the crime to a criminal law enforcement
agency, (b) if medically necessary, seeks or receives health care
services as a result of the crime, or (c) attempts to assist in the
investigation or prosecution of the crime. No such victim or witness to
the crime shall be charged or prosecuted for an offense under section
230.00 or 230.03 of this article which is alleged to have been committed
at or in reasonable proximity to the time of the crime or under
circumstances reasonably related to the crime for which the person is a
victim or witness. As used in this section, "crime" shall include an act
that reasonably appears to be a crime, regardless of whether it results
in a conviction as a crime.
2. Where a victim or witness to a crime believes that the conditions
for immunity pursuant to subdivision one of this section have been met
and such victim or witness has been erroneously charged under section
230.00 or 230.03 of this article, such victim or witness may request a
hearing to be conducted no later than fifteen days after the charge or
charges have been filed to move the court to decide whether conditions
for immunity have been met. At such hearing, the court shall be
permitted to accept all legally permitted evidence, including legally
permissible hearsay, in support of both parties. If, after conducting
such hearing, and by clear and convincing evidence, the court determines
that the conditions for immunity were met, then the charge or charges
shall be dismissed. If, after conducting such hearing, the court
determines that the conditions for immunity were not met, then the
charges shall not be dismissed and immunity shall be denied.
* NB Effective February 17, 2026
1. This section applies where a person is the victim of or a witness
to a crime (including an individual who becomes aware that another
person is a victim of a crime), and has engaged or is alleged to have
engaged in an act prohibited under section 230.00 or 230.03 of this
article at or in reasonable proximity to the time of the crime or under
circumstances reasonably related to the crime, and, in good faith but
not prior to, during or subsequent to an arrest or investigation for
such prohibited act, (a) reports the crime to a criminal law enforcement
agency, (b) if medically necessary, seeks or receives health care
services as a result of the crime, or (c) attempts to assist in the
investigation or prosecution of the crime. No such victim or witness to
the crime shall be charged or prosecuted for an offense under section
230.00 or 230.03 of this article which is alleged to have been committed
at or in reasonable proximity to the time of the crime or under
circumstances reasonably related to the crime for which the person is a
victim or witness. As used in this section, "crime" shall include an act
that reasonably appears to be a crime, regardless of whether it results
in a conviction as a crime.
2. Where a victim or witness to a crime believes that the conditions
for immunity pursuant to subdivision one of this section have been met
and such victim or witness has been erroneously charged under section
230.00 or 230.03 of this article, such victim or witness may request a
hearing to be conducted no later than fifteen days after the charge or
charges have been filed to move the court to decide whether conditions
for immunity have been met. At such hearing, the court shall be
permitted to accept all legally permitted evidence, including legally
permissible hearsay, in support of both parties. If, after conducting
such hearing, and by clear and convincing evidence, the court determines
that the conditions for immunity were met, then the charge or charges
shall be dismissed. If, after conducting such hearing, the court
determines that the conditions for immunity were not met, then the
charges shall not be dismissed and immunity shall be denied.
* NB Effective February 17, 2026