2018 Maryland Code
Courts and Judicial Proceedings
Title 10 - Evidence
Subtitle 9 - Miscellaneous Rules
§ 10-923. Admissibility of evidence of other sexually assaultive behavior

  • (a) "Sexually assaultive behavior" defined. -- In this section, "sexually assaultive behavior" means an act that would constitute:

    • (1) A sexual crime under Title 3, Subtitle 3 of the Criminal Law Article;

    • (2) Sexual abuse of a minor under § 3-602 of the Criminal Law Article;

    • (3) Sexual abuse of a vulnerable adult under § 3-604 of the Criminal Law Article;

    • (4) A violation of 18 U.S.C. Chapter 109A; or

    • (5) A violation of a law of another state, the United States, or a foreign country that is equivalent to an offense under item (1), (2), (3), or (4) of this subsection.

  • (b) In general. -- In a criminal trial for a sexual offense listed in subsection (a)(1), (2), or (3) of this section, evidence of other sexually assaultive behavior by the defendant occurring before or after the offense for which the defendant is on trial may be admissible, in accordance with this section.

  • (c) Motion of intent to introduce evidence. --

    • (1) The State shall file a motion of intent to introduce evidence of sexually assaultive behavior at least 90 days before trial or at a later time if authorized by the court for good cause.

    • (2) A motion filed under paragraph (1) of this subsection shall include a description of the evidence.

    • (3) The State shall provide a copy of a motion filed under paragraph (1) of this subsection to the defendant and include any other information required to be disclosed under Maryland Rule 4-262 or 4-263.

  • (d) Hearing. -- The court shall hold a hearing outside the presence of a jury to determine the admissibility of evidence of sexually assaultive behavior.

  • (e) Court may admit evidence. -- The court may admit evidence of sexually assaultive behavior if the court finds and states on the record that:

    • (1) The evidence is being offered to:

      • (i) Prove lack of consent; or

      • (ii) Rebut an express or implied allegation that a minor victim fabricated the sexual offense;

    • (2) The defendant had an opportunity to confront and cross-examine the witness or witnesses testifying to the sexually assaultive behavior;

    • (3) The sexually assaultive behavior was proven by clear and convincing evidence; and

    • (4) The probative value of the evidence is not substantially outweighed by the danger of unfair prejudice.

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