27-414 Criminal use; evidence of similar crimes in sexual assault cases. - Nebraska Statutes

27-414. Criminal use; evidence of similarcrimes in sexual assault cases.(1) In a criminal case in which the accused is accused ofan offense of sexual assault, evidence of the accused's commission of anotheroffense or offenses of sexual assault is admissible if there is clear andconvincing evidence otherwise admissible under the Nebraska Evidence Rulesthat the accused committed the other offense or offenses. If admissible, suchevidence may be considered for its bearing on any matter to which it is relevant.(2) In acase in which the prosecution intends to offer evidence under this section,the prosecuting attorney shall disclose the evidence to the accused, includingstatements of witnesses or a summary of the substance of any testimony thatis expected to be offered, at least fifteen days before the scheduled dateof trial or at such later time as the court may allow for good cause.(3) Before admittingevidence of the accused's commission of another offense or offenses of sexualassault under this section, the court shall conduct a hearing outside thepresence of any jury. At the hearing, the rules of evidence shall apply andthe court shall apply a section 27-403 balancing and admit the evidence unlessthe risk of prejudice substantially outweighs the probative value of the evidence.In assessing the balancing, the court may consider any relevant factor suchas (a) the probability that the other offense occurred, (b) the proximityin time and intervening circumstances of the other offenses, and (c) the similarityof the other acts to the crime charged.(4) Thissection shall not be construed to limit the admission or consideration ofevidence under any other section of the Nebraska Evidence Rules. SourceLaws 2009, LB97, § 5.