(1) The general assembly hereby finds that domestic violence is frequently cyclical in nature, involves patterns of abuse, and can consist of harm with escalating levels of seriousness. The general assembly therefore declares that evidence of similar transactions can be helpful and is necessary in some situations in prosecuting crimes involving domestic violence.
(2) In criminal prosecutions involving domestic violence in which the
defendant and the victim named in the information have engaged in an intimate
relationship as of the time alleged in the information, evidence of any other acts of
domestic violence between the defendant and the victim named in the information,
and between the defendant and other persons, constitute other acts or transactions
for the purposes of this section, and the court may authorize the admission of
evidence as provided in subsection (3) of this section.
(3) The proponent of evidence of other acts or transactions under this
section shall advise the trial court by offer of proof of such evidence and shall
specify whether the evidence is offered to show a common plan, scheme, design,
identity, modus operandi, motive, or guilty knowledge or for some other purpose.
(4) Upon the offer of proof under subsection (3) of this section, the trial court
shall determine whether the probative value of the evidence of similar acts or
transactions is substantially outweighed by the danger of unfair prejudice to the
defendant, confusion of the issues, or misleading of the jury if the evidence is
allowed or by considerations of undue delay, waste of time, or needless
presentation of cumulative evidence.
(5) Upon admitting evidence of other acts or transactions into evidence
pursuant to this section and again in the general charge to the jury, the trial court
shall direct the jury as to the limited purpose for which the evidence is admitted and
for which the jury may consider it.
L. 94: Entire section added, p. 2020, § 2, effective June 3. L. 2001: (2) amended, p. 730, § 1, effective July 1.
