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1991
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MARVIN MANDEL, Governor
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Article 27 - Crimes and Punishments
461A.
(a) Evidence relating to a victim's reputation for
chastity and opinion evidence relating to a victim's
chastity are not admissible in any prosecution for
commission of a rape OR SEXUAL OFFENSE IN ANY THE FIRST
OR SECOND DEGREE. Evidence of specific instances of the
victim's prior sexual conduct may be admitted only if the
judge finds the evidence is relevant and is material to a
fact in issue in the case and that its inflammatory or
prejudicial nature does not outweigh its probative value,
and if the evidence is:
(1} Evidence of the victim's past sexual
conduct with the defendant; or
(2) Evidence of specific instances of sexual
activity showing the source or origin of semen,
pregnancy, disease, or trauma; or
(3) Evidence which supports a claim that the
victim has an ulterior motive in accusing the defendant
of the crime; or
(4) Evidence offered for the purpose of
impeachment when the prosecutor puts the victim's prior
sexual conduct in issue.
(b) Any evidence described in subsection (a) of this
section, may not be referred to in any statements to a
jury nor introduced at trial without the court holding a
prior in camera hearing to determine the admissibility of
the evidence. If new information is discovered during
the course of the trial that may make the evidence
described in subsection (a) admissible, the court may
order an in camera hearing to determine the admissibility
of the proposed evidence under subsection (a).
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SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1977.
Approved May 17, 1977.
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CHAPTER 295
(House Bill 533)
AN ACT concerning
Election Code - Ballots
FOR the purpose of authorizing the State Administrative
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