Va. R. Sup. Ct. 2:413

As amended through September 26, 2024
Rule 2:413 - Evidence of Similar Crimes in Child Sexual Offense Cases (derived from Code Section 18.2-67.7:1)
(a) In a criminal case in which the defendant is accused of a felony sexual offense involving a child victim, evidence of the defendant's conviction of another sexual offense or offenses is admissible and may be considered for its bearing on any matter to which it is relevant.
(b) The Commonwealth must provide to the defendant 14 days prior to trial notice of its intention to introduce copies of final orders evidencing the defendant's qualifying prior criminal convictions. Such notice must include (i) the date of each prior conviction, (ii) the name and jurisdiction of the court where each prior conviction was obtained, and (iii) each offense of which the defendant was convicted. Prior to commencement of the trial, the Commonwealth must provide to the defendant photocopies of certified copies of the final orders that it intends to introduce.
(c) This Rule must not be construed to limit the admission or consideration of evidence under any other rule of court or statute.
(d) For purposes of this Rule, "sexual offense" means any offense or any attempt or conspiracy to engage in any offense described in Article 7 (§ 18.2-61 et seq.) of Chapter 4 or § 18.2-370, 18.2-370.01, or 18.2-370.1 or any substantially similar offense under the laws of another state or territory of the United States, the District of Columbia, or the United States.
(e) Evidence offered in a criminal case pursuant to the provisions of this Rule is subject to exclusion in accordance with the Virginia Rules of Evidence, including but not limited to Rule 2:403.

Va. Sup. Ct. 2:413

Adopted and promulgated by Order dated July 1, 2014; effective 7/1/2014; adopted and promulgated by order dated Wednesday, July 2, 2014, effective immediately; amended by order dated September 3, 2020, effective 9/3/2020; amended by order dated November 13, 2020, effective 7/1/2021.