This text of New York § 230.45 (Limited immunity from prosecution) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
* § 230.45 Limited immunity from prosecution.\n 1. This section applies where a person is the victim of or a witness\nto a crime (including an individual who becomes aware that another\nperson is a victim of a crime), and has engaged or is alleged to have\nengaged in an act prohibited under section 230.00 or 230.03 of this\narticle at or in reasonable proximity to the time of the crime or under\ncircumstances reasonably related to the crime, and, in good faith but\nnot prior to, during or subsequent to an arrest or investigation for\nsuch prohibited act, (a) reports the crime to a criminal law enforcement\nagency, (b) if medically necessary, seeks or receives health care\nservices as a result of the crime, or (c) attempts to assist in the\ninvestigation or prosecution of the crime. No suc
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* § 230.45 Limited immunity from prosecution.\n 1. This section applies where a person is the victim of or a witness\nto a crime (including an individual who becomes aware that another\nperson is a victim of a crime), and has engaged or is alleged to have\nengaged in an act prohibited under section 230.00 or 230.03 of this\narticle at or in reasonable proximity to the time of the crime or under\ncircumstances reasonably related to the crime, and, in good faith but\nnot prior to, during or subsequent to an arrest or investigation for\nsuch prohibited act, (a) reports the crime to a criminal law enforcement\nagency, (b) if medically necessary, seeks or receives health care\nservices as a result of the crime, or (c) attempts to assist in the\ninvestigation or prosecution of the crime. No such victim or witness to\nthe crime shall be charged or prosecuted for an offense under section\n230.00 or 230.03 of this article which is alleged to have been committed\nat or in reasonable proximity to the time of the crime or under\ncircumstances reasonably related to the crime for which the person is a\nvictim or witness. As used in this section, "crime" shall include an act\nthat reasonably appears to be a crime, regardless of whether it results\nin a conviction as a crime.\n 2. Where a victim or witness to a crime believes that the conditions\nfor immunity pursuant to subdivision one of this section have been met\nand such victim or witness has been erroneously charged under section\n230.00 or 230.03 of this article, such victim or witness may request a\nhearing to be conducted no later than fifteen days after the charge or\ncharges have been filed to move the court to decide whether conditions\nfor immunity have been met. At such hearing, the court shall be\npermitted to accept all legally permitted evidence, including legally\npermissible hearsay, in support of both parties. If, after conducting\nsuch hearing, and by clear and convincing evidence, the court determines\nthat the conditions for immunity were met, then the charge or charges\nshall be dismissed. If, after conducting such hearing, the court\ndetermines that the conditions for immunity were not met, then the\ncharges shall not be dismissed and immunity shall be denied.\n * NB Effective February 17, 2026\n