Relates to individuals engaged in prostitution who are victims of or witnesses to a crime

Limited prostitution-charge protection for victims and witnesses

New York law protects qualifying crime victims and witnesses from charges or prosecution under Penal Law sections 230.00 and 230.03. This includes people who learn that someone else is a victim. The covered act, whether actual or alleged, must occur reasonably near the crime’s time or in circumstances reasonably related to it. To qualify, you must act in good faith: report the crime to law enforcement, seek or receive medically necessary care because of it, or try to help investigate or prosecute it. That action cannot occur before, during, or after an arrest or investigation for the alleged prostitution-related offense. An act that reasonably appears to be a crime counts, even without a conviction. If wrongly charged, you can request a hearing within 15 days after the charge is filed. The hearing can consider legally allowed evidence, including hearsay. The court must dismiss the charges if clear and convincing evidence shows you qualify; otherwise, it denies immunity and leaves the charges in place. The law takes effect 60 days after becoming law and applies to prosecutions pending on or after that date.