Bill > A00123

This bill establishes new rules for using a defendant's creative or artistic expression as evidence in criminal proceedings by creating a presumption that such evidence is inadmissible. Under the proposed law, any creative expression—which is broadly defined to include music, dance, art, poetry, literature, film, and other media—cannot be used against a defendant unless the prosecuting party can prove its admissibility through a rigorous four-part test. Specifically, the prosecution must demonstrate by clear and convincing evidence that the creative work has a literal (not figurative) meaning directly related to the alleged crime, shows a strong factual connection to the specific criminal charges, is relevant to a disputed fact in the case, and provides unique probative value not available through other evidence. If such evidence is admitted, the court must take steps to minimize potential prejudice, such as carefully redacting sensitive portions and providing limiting instructions to the jury. The bill aims to protect defendants from having their artistic works used against them in a manner that could unfairly bias a jury or misinterpret creative expression as literal testimony.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/A123