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Rule 404
1
Joint Resolution Amending Rules of Evidence Concerning Crimes or Other Acts
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Brady Brammer
House Sponsor: Tyler Clancy
LONG TITLE
General Description:
This joint resolution amends the Utah Rules of Evidence regarding the admissibility of
evidence of crimes and other acts.
Highlighted Provisions:
This resolution:
amends Rule 404 of the Utah Rules of Evidence to address similar crimes in cases
involving child molestation or sexual assault.
Money Appropriated in this Bill:
None
Other Special Clauses:
This resolution provides a special effective date.
Utah Rules of Evidence Affected:
AMENDS:
Rule 404
, Utah Rules of Evidence
Be it resolved by the Legislature of the state of Utah, two-thirds of all members elected to each
of the two houses voting in favor thereof:
As provided in Utah Constitution Article VIII, Section 4, the Legislature may amend rules of
procedure and evidence adopted by the Utah Supreme Court upon a two-thirds vote of all
members of both houses of the Legislature:
Section 1.
Rule 404
, Rules of Evidence is amended to read:
Rule 404
. Character evidence; crimes or other acts.
(a) Character Evidence.
(a)
(1) Prohibited
Uses.
uses.
Evidence of a person's character or character trait is not
admissible to prove that on a particular occasion the person acted in conformity with the
character or trait.
(a)
(2) Exceptions for a
Defendant or Victim in a Criminal Case.
defendant or victim
in a criminal case.
The following exceptions apply in a criminal case:
(a)(2)
(A)
a defendant may offer evidence of the defendant's pertinent trait, and if
the evidence is admitted, the prosecutor may offer evidence to rebut it;
(a)(2)
(B)
subject to the limitations in Rule 412, a defendant may offer evidence of
an alleged victim's pertinent trait, and if the evidence is admitted, the prosecutor may:
(a)(2)(B)
(i)
offer evidence to rebut it; and
(a)(2)(B)
(ii)
offer evidence of the defendant's same trait; and
(a)(2)
(C)
in a homicide case, the prosecutor may offer evidence of the alleged
victim's trait of peacefulness to rebut evidence that the victim was the first aggressor.
(a)
(3) Exceptions for a
Witness
witness
.
Evidence of a witness's character may be
admitted under Rules 607, 608, and 609.
(b) Crimes,
Wrongs, or Other Acts
wrongs, or other acts
.
(b)
(1) Prohibited
Uses
uses
.
Evidence of a crime, wrong, or other act is not
admissible to prove a person's character in order to show that on a particular occasion the
person acted in conformity with the character.
(b)
(2) Permitted
Uses; Notice in a Criminal Case
uses; Notice in a criminal case
.
This evidence may be admissible for another purpose, such as proving motive, opportunity,
intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident. On
request by a defendant in a criminal case, the prosecutor must:
(b)(2)
(A)
provide reasonable notice of the general nature of any such evidence
that the prosecutor intends to offer at trial; and
(b)(2)
(B)
do so before trial, or during trial if the court excuses lack of pretrial
notice on good cause shown.
(c) Evidence of
Similar Crimes in Child-Molestation Cases
similar crimes in
child-molestation cases
.
(1) Definition of "child molestation."
As used in this paragraph (c), "child
molestation" means an act committed in relation to a child who is younger than 14 years old
that would, if committed in this state, be a sexual offense or an attempt to commit a sexual
offense.
(c)(1)
(2)
Permitted
Uses.
uses.
In a criminal case in which a defendant is accused
of child molestation, the court may admit
evidence that the defendant committed any other
acts of child molestation to prove a propensity to commit the crime charged.
the following
evidence to prove propensity to commit the crime charged:
(A)
evidence that the defendant committed any other acts of child molestation; or
(B)
evidence that the defendant committed sexual exploitation of a minor, as
described in Utah Code Section 76-5b-201, or aggravated sexual exploitation of a minor, as
described in Utah Code Section 76-5b-201.1.
(c)(2)
(3)
Disclosure
to the defendant
.
If the prosecution intends to offer
this
evidence it shall
evidence described in paragraph (c)(2), the prosecution must
provide
reasonable notice in advance of trial, or during trial if the court excuses pretrial notice on good
cause shown.
(c)(3)
For purposes of this rule "child molestation" means an act committed in
relation to a child under the age of 14 which would, if committed in this state, be a sexual
offense or an attempt to commit a sexual offense.
(c)(4)
Rule 404(c) does not limit the admissibility of evidence otherwise
admissible under Rule 404(a), 404(b), or any other rule of evidence.
(4) Effect on other rules.
This paragraph (c) does not limit the admissibility of
evidence otherwise admissible under paragraph (a), paragraph (b), paragraph (d), or any other
rule of evidence.
(d) Evidence of similar crimes in sexual sssault cases.
(1) Definition of "sexual assault."
As used in this paragraph (d), "sexual assault" means:
(A)
a sexual offense described in Utah Code Title 76, Chapter 5, Part 4, Sexual
Offenses;
(B)
an attempt to commit a sexual offense described in Utah Code Title 76, Chapter
5, Part 4, Sexual Offenses; or
(C)
an offense in another jurisdiction that is substantially similar to an offense
described in paragraph (d)(1)(A) or (d)(1)(B).
(2) Permitted uses.
In a criminal case in which a defendant is accused of sexual assault,
the court may admit evidence that the defendant committed any other acts of sexual assault.
This evidence may be considered on any matter to which the evidence is relevant, including to
prove a propensity to commit the crime charged.
(3) Disclosure to the defendant.
If the prosecution intends to offer evidence that the
defendant committed any other acts of sexual assault, the prosecution must disclose the
evidence to the defendant in accordance with Rule 16(a)(5) of the Utah Rules of Criminal
Procedure, including disclosure of a witness's statement or a summary of the witness's
expected testimony. This paragraph (d)(3) does not limit any other disclosure requirements
described in Rule 16(a)(5) of the Utah Rules of Criminal Procedure.
(4) Effect on other rules.
This paragraph (d) does not limit the admissibility of evidence
otherwise admissible under paragraph (a), paragraph (b), paragraph (c), or any other rule of
evidence.
Section 2.
Effective Date.
As provided in Utah Constitution, Article VIII, Section 4, this resolution takes effect
upon a two-thirds vote of all members elected to each house.
3-3-26 10:55 AM