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Texas Code of Criminal Procedure - CRIM P Art. 38.37. Evidence of extraneous offenses or acts

Current as of January 01, 2024 | Updated by Findlaw Staff

Sec. 1. (a) Subsection (b) applies to a proceeding in the prosecution of a defendant for an offense, or an attempt or conspiracy to commit an offense, under the following provisions of the Penal Code:

(1) Section 21.02 (Continuous Sexual Abuse of Young Child or Disabled Individual);

(2) Section 21.11 (Indecency with a Child);

(3) Section 21.15 (Invasive Visual Recording);

(4) Section 21.16 (Unlawful Disclosure or Promotion of Intimate Visual Material);

(5) Section 21.165 (Unlawful Production or Distribution of Certain Sexually Explicit Videos);

(6) Section 21.18 (Sexual Coercion);

(7) Section 21.19 (Unlawful Electronic Transmission of Sexually Explicit Visual Material);

(8)  Section 25.02 (Prohibited Sexual Conduct);  

(9) Section 43.25 (Sexual Performance by a Child);

(10) Section 20A.02 (Trafficking of Persons);

(11) Section 20A.03 (Continuous Trafficking of Persons);

(12) Section 43.05 (Compelling Prostitution);  or

(13) if committed against a child younger than 18 years of age:

(A) Chapter 21 (Sexual Offenses);  or

(B) Chapter 22 (Assaultive Offenses).

(b) Notwithstanding Rules 404 and 405, Texas Rules of Evidence, evidence of other crimes, wrongs, or acts committed by the defendant against the victim of the alleged offense shall be admitted for its bearing on relevant matters, including:

(1) the state of mind of the defendant and the victim;  and

(2) the previous and subsequent relationship between the defendant and the victim.

(c) If a court admits evidence under this section and on request by either party, the court shall provide to the jury a limiting instruction regarding the purposes for which the evidence may be used.  The court shall provide the limiting instruction:

(1) orally at the time the evidence is admitted;  and

(2) in writing on conclusion of the presentation of evidence in the case, at the time written instructions are provided to the jury.

Sec. 2. (a) Subsection (b) applies only to the trial of a defendant for:

(1) an offense under any of the following provisions of the Penal Code:

(A) Section 20A.02(a)(5), (6), (7), or (8) (Labor or Sex Trafficking of a Child or Disabled Individual);

(B) Section 21.02 (Continuous Sexual Abuse of Young Child or Disabled Individual);

(C) Section 21.11 (Indecency With a Child);

(D) Section 22.011(a)(2) (Sexual Assault of a Child);

(E) Sections 22.021(a)(1)(B) and (2) (Aggravated Sexual Assault of a Child);

(F) Section 33.021 (Online Solicitation of a Minor);

(G) Section 43.25 (Sexual Performance by a Child);  or

(H) Section 43.26 (Possession or Promotion of Child Pornography), Penal Code;  or

(2) an attempt or conspiracy to commit an offense described by Subdivision (1).

(b) Notwithstanding Rules 404 and 405, Texas Rules of Evidence, and subject to Section 2-a, evidence that the defendant has committed a separate offense described by Subsection (a)(1) or (2) may be admitted in the trial of an alleged offense described by Subsection (a)(1) or (2) for any bearing the evidence has on relevant matters, including the character of the defendant and acts performed in conformity with the character of the defendant.

Sec. 2-a. Before evidence described by Section 2 may be introduced, the trial judge must:

(1) determine that the evidence likely to be admitted at trial will be adequate to support a finding by the jury that the defendant committed the separate offense beyond a reasonable doubt;  and

(2) conduct a hearing out of the presence of the jury for that purpose.

Sec. 3. The state shall give the defendant notice of the state's intent to introduce in the case in chief evidence described by Section 1 or 2 not later than the 30th day before the date of the defendant's trial.

Sec. 4. This article does not limit the admissibility of evidence of extraneous crimes, wrongs, or acts under any other applicable law.

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Cite this article: FindLaw.com - Texas Code of Criminal Procedure - CRIM P Art. 38.37. Evidence of extraneous offenses or acts - last updated January 01, 2024 | https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-38-37/

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