Rule 414 — Similar Crimes in Child-Molestation Cases

Fed. R. Evid. 414

• Source: Federal Rules of Evidence
• Rule: 414
• ARTICLE IV: RELEVANCE AND ITS LIMITS
• Citation: Fed. R. Evid. 414

Text

(a) PERMITTED USES. In a criminal case in which a defendant is
accused of child molestation, the court may admit evidence that
the defendant committed any other child molestation. The evi-
dence may be considered on any matter to which it is relevant.

(b) DISCLOSURE TO THE DEFENDANT. If the prosecutor intends to
offer this evidence, the prosecutor must disclose it to the defend-
ant, including witnesses’ statements or a summary of the ex-
pected testimony. The prosecutor must do so at least 15 days be-
fore trial or at a later time that the court allows for good cause.
(c) EFFECT ON OTHER RULES. This rule does not limit the admis-
sion or consideration of evidence under any other rule.
(d) DEFINITION OF ‘‘CHILD’’ AND ‘‘CHILD MOLESTATION.’’ In this
rule and Rule 415:
(1) ‘‘child’’ means a person below the age of 14; and
(2) ‘‘child molestation’’ means a crime under federal law or
under state law (as ‘‘state’’ is defined in 18 U.S.C. §513) involv-
ing:
(A) any conduct prohibited by 18 U.S.C. chapter 109A and
committed with a child;
(B) any conduct prohibited by 18 U.S.C. chapter 110;
(C) contact between any part of the defendant’s body—or
an object—and a child’s genitals or anus;
(D) contact between the defendant’s genitals or anus and
any part of a child’s body;
(E) deriving sexual pleasure or gratification from inflict-
ing death, bodily injury, or physical pain on a child; or
(F) an attempt or conspiracy to engage in conduct de-
scribed in subparagraphs (A)–(E).

Advisory Committee Notes

(As added Pub. L. 103–322, title XXXII, §320935(a), Sept. 13, 1994, 108 Stat. 2136, eff. July 9, 1995; amended Apr. 26, 2011, eff. Dec. 1, 2011.)