§ 12-2413. Sexual assault offense - Commission of other offenses admissible - Definition.

A.  In a criminal case in which the defendant is accused of an offense of sexual assault, evidence of the defendant's commission of another offense or offenses of sexual assault is admissible, and may be considered for its bearing on any matter to which it is relevant.

B.  In a case in which the state intends to offer evidence under this rule, the attorney for the state shall disclose the evidence to the defendant, including statements of witnesses or a summary of the substance of any testimony that is expected to be offered, at least fifteen (15) days before the scheduled date of trial or at such later time as the court may allow for good cause.

C.  This rule shall not be construed to limit the admission or consideration of evidence under any other rule.

D.  For purposes of this rule, "offense of sexual assault" means a crime under federal law or the laws of this state that involve:

1.  Any conduct proscribed by Sections 1111 through 1125 of Title 21 of the Oklahoma Statutes;

2.  Contact, without consent, between any part of the defendant's body or an object and the genitals or anus of another person;

3.  Contact, without consent, between the genitals or anus of the defendant and any part of another person's body;

4.  Deriving sexual pleasure or gratification from the infliction of death, bodily injury, emotional distress, or physical pain on another person; or

5.  An attempt or conspiracy to engage in conduct described in paragraphs 1 through 4 of this subsection.

Added by Laws 2007, c. 76, § 1, emerg. eff. April 30, 2007.