ALBANY, NY – A bill introduced in the New York State Assembly would restrict prosecutors from using a defendant’s artistic or creative works—such as music lyrics, poetry, or visual art—as evidence in criminal cases unless they can prove its direct relevance.
The proposal, Assembly Bill A00123, sponsored by Assemblymember Catalina Cruz and co-sponsored by more than 30 lawmakers, establishes a presumption that creative expression is inadmissible as criminal evidence. To introduce such material, the party seeking to use it—typically the prosecution—would have to prove by clear and convincing evidence that it directly relates to the alleged crime and has genuine probative value.
Under the bill, prosecutors must show that:
- The work’s meaning is literal, not fictional or artistic;
- The expression has a strong factual connection to the specific crime alleged;
- It is relevant to a disputed fact; and
- It offers unique probative value not available from other evidence.
If a court allows such evidence, judges would be required to consider redacting content, issuing limiting instructions to juries, and using the least prejudicial means of presentation.
The measure defines “creative expression” broadly, including music, performance art, dance, literature, film, and visual arts.
Supporters argue the bill protects First Amendment rights and prevents bias against artists—particularly hip-hop musicians—whose lyrics are sometimes misconstrued as confessions or threats. Similar legislation has been proposed and enacted in other states, including California.
If enacted, the law would take effect immediately.
