Rule 414 Similar Crimes in Child-Molestation Cases
Article IV: Relevance and Its Limits
Rule 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 evidence may be considered on any matter to which it is relevant in accordance with the Commonwealth Code.
(b) Disclosure to the Defendant. If the prosecutor intends to offer this evidence, the prosecutor must disclose it to the defendant, including witnesses’ statements or a summary of the expected testimony. The prosecutor must do so at least 15 days before trial or at a later time that the court allows for good cause.
(c) Effect on Other Rules. This rule does not limit the admission 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 another state or territory’s law involving:
(A) any conduct prohibited by 6 CMC §§ 1301 through 1309 and committed with a child;
(B) any conduct prohibited by 6 CMC § 1314 and committed with a child;
(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 inflicting death, bodily injury, or physical pain on a child; or
(F) an attempt or conspiracy to engage in conduct described in subparagraphs (A)–(E).
* Revision Committee Note: 6 CMC § 1320(a) concerns the admissibility of prior act evidence in criminal cases involving physical or sexual abuse of a minor. As such, the Committee added the language “in accordance with the Commonwealth Code” to the end of subdivision (a) to make clear that these rules are consistent with statutory law. The Committee elected not to include a citation to the particular statute section, but instead chose the broader phrase, to ensure EVIDENCE CITE AS: NMI R. EVID. EFFECTIVE FEBRUARY 22, 2015 consistency between these rules and any future amendments to the Commonwealth Code.