Similar Crimes in Child-Molestation Cases

(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. 9 FEDERAL RULES OF EVIDENCE Rule 501 (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). (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.)