Sec. 15. (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

Terms Used In Indiana Code 35-37-4-15

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(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.

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

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