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Ark. Code Ann. § 16-42-103

Admissibility of evidence of similar crimes in sexual assault cases

Acts 2005, No. 536, § 1.

(1) In a criminal case where the defendant is accused of a sexual assault, evidence of the defendant's commission of another sexual assault is admissible and may be considered for its bearing on any matter to which it is relevant, subject to the circuit court's consideration of the admissibility of any such evidence under Rule 403 of the Arkansas Rules of Evidence.

(2) In a case where the prosecuting attorney intends to offer evidence under this section, the prosecuting attorney shall disclose the evidence to the defendant or the defendant's attorney if an attorney is representing the defendant, including statements of witnesses or a summary of the substance of any testimony at least forty-five (45) days before the scheduled date of trial or at such later time as the court may allow for good cause.

(3) This section shall not be construed to limit the admission or consideration of evidence under any rule of the Arkansas Rules of Evidence, the Arkansas Rules of Criminal Procedure, or any law.

(4) For purposes of this section, the term “sexual assault” includes the following offenses: Rape, § 5-14-103;

(5) Sexual assault in the first degree, § 5-14-124; and

(6) Sexual assault in the second degree, § 5-14-125.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.