2022 Georgia Code
Title 24 - Evidence
Chapter 4 - Relevant Evidence and Its Limits
§ 24-4-414. Evidence of Similar Transaction Crimes in Child Molestation Cases

Universal Citation: GA Code § 24-4-414 (2022)
  1. In a criminal proceeding in which the accused is accused of an offense of child molestation, evidence of the accused’s commission of another offense of child molestation 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 state intends to offer evidence under this Code section, the prosecuting attorney shall disclose the evidence to the accused, including statements of witnesses or a summary of the substance of any testimony that the prosecuting attorney expects to offer, 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 under this Code section.
  4. As used in this Code section, the term “offense of child molestation” means any conduct or attempt or conspiracy to engage in:
    1. Conduct that would be a violation of Code Section 16-6-4, 16-6-5, 16-12-100, 16-12-100.2, or 16-12-100.3;
    2. Any crime that involves contact between any part of the accused’s body or an object and the genitals or anus of a child;
    3. Any crime that involves contact between the genitals or anus of the accused and any part of the body of a child; or
    4. Any crime that involves deriving sexual pleasure or gratification from the infliction of death, bodily injury, or physical pain on a child.

History. Code 1981, § 24-4-414 , enacted by Ga. L. 2011, p. 99, § 2/HB 24.

Cross references.

Similar crimes in child-molestation cases, Fed. R. Evid. 414.

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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