2022 Georgia Code
Title 24 - Evidence
Chapter 4 - Relevant Evidence and Its Limits
§ 24-4-413. Evidence of Similar Transaction Crimes in Sexual Assault Cases

Universal Citation: GA Code § 24-4-413 (2022)
  1. In a criminal proceeding in which the accused is accused of an offense of sexual assault, evidence of the accused’s commission of another offense of sexual assault shall be admissible and may be considered for its bearing on any matter to which it is relevant.
  2. In a proceeding in which the prosecution intends to offer evidence under this Code section, the prosecutor shall disclose such evidence to the accused, including statements of witnesses or a summary of the substance of any testimony that is expected to be offered, at least ten days in advance of trial, unless the time is shortened or lengthened or pretrial notice is excused by the judge upon good cause shown.
  3. This Code section shall not be the exclusive means to admit or consider evidence described in this Code section.
  4. As used in this Code section, the term “offense of sexual assault” means any conduct or attempt or conspiracy to engage in:
    1. Conduct that would be a violation of Code Section 16-6-1, 16-6-2, 16-6-3, 16-6-5.1, 16-6-22, 16-6-22.1, or 16-6-22.2;
    2. Any crime that involves contact, without consent, between any part of the accused’s body or an object and the genitals or anus of another person;
    3. Any crime that involves contact, without consent, between the genitals or anus of the accused and any part of another person’s body; or
    4. Any crime that involves deriving sexual pleasure or gratification from the infliction of death, bodily injury, or physical pain on another person.

History. Code 1981, § 24-4-413 , enacted by Ga. L. 2011, p. 99, § 2/HB 24.

Cross references.

Affirmative defense to certain sexual crimes, § 16-3-6 .

Rape generally, § 16-6-1 .

Similar crimes in sexual-assault cases, Fed. R. Evid. 413.

Notice of prosecution’s intent to present evidence of similar transactions, Ga. S. Ct. R. 31.3.

Law reviews.

For annual survey on evidence law, see 69 Mercer L. Rev. 101 (2017).

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