TITLE XII
PUBLIC SAFETY AND WELFARE

CHAPTER 173-C
CONFIDENTIAL COMMUNICATIONS BETWEEN VICTIMS AND COUNSELORS

Section 173-C:3

    173-C:3 Assertion or Waiver of Privilege. –
The privilege may be claimed or waived in all civil, administrative, and criminal legal proceedings, including discovery proceedings, by the following persons:
I. The victim or an attorney on the victim's behalf.
II. The guardian of the victim, if the victim has been found incompetent by a court of competent jurisdiction.
III. A minor victim who is emancipated, married, or over the age of 15, unless, in the opinion of the court, the minor is incapable of knowingly waiving the privilege. A guardian ad litem shall be appointed in all cases in which there is a potential conflict of interest between a victim under the age of 18 and his parent or guardian.

Source. 1985, 98:1, eff. May 10, 1985.