ALASKA COURT RULES

admission of the evidence is not precluded by another rule of evidence and if the prior offenses (i) are similar to the offense charged; and (ii) were committed upon persons similar to the prosecuting witness. (3) In a prosecution for a crime of sexual assault in any degree, evidence of other sexual assaults or attempted sexual assaults by the defendant against the same or another person is admissible if the defendant relies on a defense of consent. In a prosecution for a crime of attempt to commit sexual assault in any degree, evidence of other sexual assaults or attempted sexual assaults by the defendant against the same or another person is admissible. (4) In a prosecution for a crime involving domestic violence or of interfering with a report of a crime involving domestic violence, evidence of other crimes involving domestic violence by the defendant against the same or another person or of interfering with a report of a crime involving domestic violence is admissible. In this paragraph, “domestic violence” and “crime involving domestic violence” have the meanings given in AS 18.66.990. (Added and amended by SCO 364 effective August 1, 1979; amended by SCO 906 effective nunc pro tunc May 28, 1988; by SCO 1092 effective July 15, 1992; by SCO 1153 effective July 15, 1994; by SCO 1204 effective July 15, 1995; by SCO 1293 effective January 15, 1998; by SCO 1339, effective June 13, 1998; and by SCO 1806 effective nunc pro tunc July 1, 2013) Note: SCO 906 incorporated changes in Evidence Rule 404 made by the legislature in ch. 66, §§ 8 and 9, SLA 1988. The legislation added subparagraph (b)(2). Note: SCO 906 is amended by adding a new paragraph 3 which provides: “3. This order is made for the sole reason that the legislature has mandated the above amendments. If the act mandating these amendments is invalidated by a court of this order shall be considered competent automatically is effective rescinded.” This amendment retroactively to May 28, 1988. Paschall v. State, No. S-4277 (Alaska Dec. 20, 1990) (order granting original application for relief). jurisdiction, Note: SLA 1991. Subparagraph (b)(1) was amended by ch. 79, § 4, Note to SCO 1204: Ch. 116 § 2 SLA 1994 amended Evidence Rules 404(a)(2) and 404(b) to allow circumstantial use of character evidence and evidence of other crimes in certain criminal cases. Section 8 of this order is adopted for the sole reason that the legislature has mandated the amendments. Note to SCO 1293: Evidence Rule 404(b) (4) was added by § 22 ch. 63 SLA 1997. Section 5 of this order is adopted for the sole reason the amendment. legislature has mandated that the 10 Note to SCO 1339: Evidence Rule 404(b) (3) was amended by § 18 ch. 86 SLA 1998 to expand the circumstances when evidence of other sexual assaults or attempted sexual assaults by the defendant will be admitted. Section 3 of this order is adopted for the sole reason that the legislature has mandated the amendment. Note: Chapter 43, SLA 2013 (SB 22), effective nunc pro tunc to July 1, 2013, amended Evidence Rule 404(b)(2) relating to the admissibility of evidence, in prosecutions of crimes involving physical or sexual assault of a minor, of similar acts by the defendant toward the same or another child. The changes to Evidence Rule 404(b)(2) are adopted for the sole reason that the legislature has mandated the amendments. Note: Chapter 43, SLA 2013 (SB 22) enacted a number of changes relating to criminal procedure effective nunc pro tunc to July 1, 2013. According to section 45 of the Act, AS 12.45.045(a), as amended by section 16 of the Act, has the effect of amending Alaska Rule of Evidence 404(a) by providing, with some exceptions, that a defendant must request admission of certain evidence about the complaining witness five days before trial and by applying the rule to the conduct of the complaining witness after the alleged offense. LAW REVIEW COMMENTARIES “Admissibility of Battered-Spouse-Syndrome Evidence In Alaska,” 32 Alaska L. Rev. 153 (2015).