Page:United States Statutes at Large Volume 108 Part 3.djvu/384

 108 STAT. 2136 PUBLIC LAW 103-322~SEPT. 13, 1994 'Rule 413. Evidence of Similar Crimes in Sexual Assault Cases "(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 ofTense or ofTenses 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 Government intends to offer evidence under this rule, the attorney for the Government shall disclose the widence 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 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 and Rule 415, "offense of sexual assault" means a crime under Federal law or the law of a State (as defined in section 513 of title 18, United States Code) that involved— "(1) any conduct proscribed by chapter 109A of title 18, United States Code; "(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 inflicr tion of death, bodily injury, or physical pain on another person; or "(5) an attempt or conspiracy to engage in conduct described in paragraphs (l)--(4). Cases "(a) In a criminal case in which the defendant is accused of an offense of child molestation, evidence of the defendant's commission of another offense or offenses of child molestation is admissible, and may be considered for its bearing on any matter to which it is relevant. "(b) In a case in which the Government intends to offer evidence under this rule, the attorney for the Government 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 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 and Rule 415, "child" means a person below the age of fourteen, and "offense of child molestation" means a crime under Federal law or the law of a State (as defined in section 513 of title 18, United States Code) that involved— "(1) any conduct proscribed by chapter 109A of title 18, United States Code, that was committed in relation to a child; "(2) any conduct proscribed by chapter 110 of title 18, United States Code; "(3) contact between any part of the defendant's body or an object and the genitals or anus of a child;
 * Rule 414. Evidence of Similar Crimes in Child Molestation

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