§ 35-37-4-15 — Child molestation; evidence of prior acts

(a) In a prosecution for child molesting
under IC 35-42-4-3, a prosecution for incest under IC 35-46-1-3, or a
prosecution for an attempt or a conspiracy to commit child molesting
or incest, evidence that the defendant has committed another crime or
act of child molesting or incest or attempted or conspired to commit
another crime or act of child molesting or incest:
(1) against the same victim; or
(2) that involves a similar crime or act of child molesting or incest
against a different victim;
is admissible.
(b) If the state proposes to offer evidence described under
subsection (a), the state must disclose the evidence to the defendant,
including statements made by witnesses or a summary of the substance
of any testimony that is expected to be offered at the defendant's trial:
(1) at least fifteen (15) days before the date the defendant's trial
is scheduled to begin; or
(2) at a later date as determined by the court for good cause.
(c) The court shall hold a hearing out of the presence of the jury
regarding the admissibility of the evidence described under subsection
(a). Even if the court determines that the evidence is relevant, the
evidence may be excluded if the probative value of the evidence is
substantially outweighed by:
(1) the danger of:
(A) unfair prejudice;
(B) confusion of the issues; or
(C) misleading the jury; or
(2) considerations of:
(A) undue delay;
(B) waste of time; or
(C) needless presentation of cumulative evidence.
However, if the court finds that all or some of the evidence is
admissible, the court shall enter an order stating what evidence may be
introduced.
(d) This section may not be construed to limit the right to introduce
evidence at a trial that would otherwise be admissible to prove any of
the following:
(1) Motive.
(2) Opportunity.
(3) Intent.
(4) Plan.
(5) Knowledge.
(6) Identity.
(7) Absence of mistake or accident.

Legislative History

As added by P.L.232-1993, SEC.2.