Indiana § 35-37-4-15 - Child molestation; evidence of prior acts

§ 35-37-4-15. Child molestation; evidence of prior acts

Sec. 15. (a) In a prosecution for child molesting under IC 35-42-4-3, a prosecution for incest under IC 35-46-1-3, or a prosecution for an attempt or a conspiracy to commit child molesting or incest, evidence that the defendant has committed another crime or act of child molesting or incest or attempted or conspired to commit another crime or act of child molesting or incest:

(1) against the same victim; or

(2) that involves a similar crime or act of child molesting or incest against a different victim;

is admissible.

(b) If the state proposes to offer evidence described under subsection (a), the state must disclose the evidence to the defendant, including statements made by witnesses or a summary of the substance of any testimony that is expected to be offered at the defendant's trial:

(1) at least fifteen (15) days before the date the defendant's trial is scheduled to begin; or

(2) at a later date as determined by the court for good cause.

(c) The court shall hold a hearing out of the presence of the jury regarding the admissibility of the evidence described under subsection (a). Even if the court determines that the evidence is relevant, the evidence may be excluded if the probative value of the evidence is substantially outweighed by:

(1) the danger of:

(A) unfair prejudice;

(B) confusion of the issues; or

(C) misleading the jury; or

(2) considerations of:

(A) undue delay;

(B) waste of time; or

(C) needless presentation of cumulative evidence.

However, if the court finds that all or some of the evidence is admissible, the court shall enter an order stating what evidence may be introduced.

(d) This section may not be construed to limit the right to introduce evidence at a trial that would otherwise be admissible to prove any of the following:

(1) Motive.

(2) Opportunity.

(3) Intent.

(4) Plan.

(5) Knowledge.

(6) Identity.

(7) Absence of mistake or accident.

As added by P.L.232-1993, SEC.2.

IC 35-37-4.5Chapter 4.5. Sex Crimes Victims and Polygraph Examinations

35-37-4.5-1"Polygraph" 35-37-4.5-2Prohibition against requiring a sex crime victim to submit to a polygraph examination 35-37-4.5-3Polygraph refusal; duties of law enforcement officers 35-37-4.5-4Voluntary submission to polygraph examination

IC 35-37-4.5-1"Polygraph" Sec. 1. As used in this chapter, "polygraph" means a device that permanently and simultaneously records, at a minimum, an individual's:

(1) cardiovascular and respiratory patterns; and

(2) galvanic skin responses;

in order to determine truthfulness.

As added by P.L.41-2007, SEC.20.

IC 35-37-4.5-2Prohibition against requiring a sex crime victim to submit to a polygraph examination Sec. 2. A law enforcement officer may not require an alleged victim of an offense described in IC 35-42-4 to submit to a polygraph or other truth telling device examination.

As added by P.L.41-2007, SEC.20.

IC 35-37-4.5-3Polygraph refusal; duties of law enforcement officers Sec. 3. A law enforcement officer may not refuse to investigate, charge, or prosecute an offense under IC 35-42-4 solely because the alleged victim of the offense has not submitted to a polygraph or other truth telling device examination.

As added by P.L.41-2007, SEC.20.

IC 35-37-4.5-4Voluntary submission to polygraph examination Sec. 4. This chapter does not prohibit an alleged victim of an offense under IC 35-42-4 from voluntarily submitting to a polygraph or other truth telling device examination.

As added by P.L.41-2007, SEC.20.

IC 35-37-5Chapter 5. Uniform Act to Secure the Attendance of Witnesses From Outside the State in Criminal Proceedings

35-37-5-1Definitions 35-37-5-2Subpoena; issuance; service; proof of service; fees; contempt of court 35-37-5-3Subpoena; persons imprisoned or institutionalized within this state 35-37-5-4Summoning witness in this state to testify in another state 35-37-5-5Witness from another state summoned to testify in this state 35-37-5-6Summoning prisoners in this state to testify in another state; prisoner from another state summoned to testify in this state 35-37-5-7Federal prisoner summoned to testify in this state 35-37-5-8Exemption from arrest or service of process 35-37-5-9Uniformity of construction