State Codes and Statutes
Statutes > Missouri > T38 > C566 > 566_025Evidence that defendant has committed other charged and unchargedcrimes of a sexual nature involving victims under fourteen admissibleto prove propensity to commit crime, when.
566.025. In prosecutions pursuant to this chapter or chapter 568,RSMo, of a sexual nature involving a victim under fourteen years of age,whether or not age is an element of the crime for which the defendant is ontrial, evidence that the defendant has committed other charged or unchargedcrimes of a sexual nature involving victims under fourteen years of ageshall be admissible for the purpose of showing the propensity of thedefendant to commit the crime or crimes with which he or she is chargedunless the trial court finds that the probative value of such evidence isoutweighed by the prejudicial effect.
(L. 1994 S.B. 693, A.L. 2000 S.B. 757 & 602)(1998) Section was ruled unconstitutional because it violated Sections 17 and 18(a) of Article I of the Missouri Constitution by allowing uncharged conduct to be introduced for the purpose of showing a propensity to commit a crime. State v. Burns, 978 S.W.2d 759 (Mo.banc).
(2007) Section as amended in 2000 still violates state constitutional provisions; evidence of prior criminal acts is never admissible for purpose of demonstrating defendant's propensity to commit the crime presently charged. State v. Ellison, 239 S.W.3d 603 (Mo.banc).
