60-455. Other crimes or civil wrongs.
60-455
60-455. Other crimes or civil wrongs.(a) Subject to K.S.A. 60-447, and amendments thereto,evidence that a person committed a crime orcivil wrong on a specified occasion, is inadmissible to provesuch person'sdisposition to commit crime or civil wrong as the basis for an inferencethat the person committed another crime or civil wrong on another specifiedoccasion.
(b) Subject to K.S.A. 60-445 and 60-448, and amendmentsthereto, such evidence isadmissible when relevant to prove some other material fact includingmotive, opportunity, intent, preparation, plan, knowledge, identity orabsence of mistake or accident.
(c) Subject to K.S.A. 60-445 and 60-448, and amendments thereto, in anycriminal action other than a criminal action in which the defendant is accusedof a sex offense under articles 34, 35 or 36 of chapter 21 of the KansasStatutes Annotated, and amendments thereto, such evidence is admissible to showthe modus operandi or general method used by a defendant to perpetrate similarbut totally unrelated crimes when the method of committing the prior acts is sosimilar to that utilized in the current case before the court that it isreasonable to conclude the same individual committed both acts.
(d) Except as providedin K.S.A. 60-445, and amendments thereto,in a criminal action in which the defendant is accused of a sexoffense underarticles 34, 35 or 36 of chapter 21 of the Kansas Statutes Annotated, andamendments thereto, evidence of thedefendant's commission of another act or offense of sexual misconduct isadmissible, and may be considered for its bearing on any matter to which it isrelevant and probative.
(e) In a criminal action in which the prosecution intends to offer evidenceunder this rule, the prosecuting attorney shall disclose the evidence to thedefendant, including statements of witnesses, at least 10 days before thescheduled date of trial or at such later time as the court may allow for goodcause.
(f) This rule shall not be construed to limit the admission or considerationof evidence under any other ruleor to limit the admissibilityof the evidence of other crimes or civil wrongs in a criminal action under acriminal statute other than in articles 34, 35 or 36 of chapter 21 of theKansas Statutes Annotated, and amendments thereto.
(g) As used in this section, an "act or offense of sexual misconduct"includes:
(1) Any conduct proscribed by article 35 of chapter 21 of the Kansas StatutesAnnotated, and amendments thereto;
(2) the sexual gratification component of aggravated trafficking, asdescribed in subsection (a)(1)(B) and (a)(2) of K.S.A. 21-3447, and amendmentsthereto;
(3) exposing another to a life threatening communicable disease, as describedin subsection (a)(1) of K.S.A. 21-3435, and amendments thereto;
(4) incest, as described in K.S.A. 21-3602, and amendments thereto;
(5) aggravated incest, as described in K.S.A. 21-3603, and amendmentsthereto;
(6) contact, without consent, between any part of the defendant's body or anobject and the genitals, mouth or anus of the victim;
(7) contact, without consent, betweenthe genitals, mouth or anus of the defendant and any part ofthe victim's body;
(8) deriving sexual pleasure or gratification from the infliction of death,bodily injury or physical pain to the victim;
(9) an attempt, solicitation or conspiracy to engage in conductdescribed in paragraphs (1) through (8); or
(10) any federal or other state conviction of an offense,or any violation of a city ordinance or county resolution,thatwould constitute an offense under article 35 of chapter 21 of the KansasStatutes Annotated, and amendments thereto,the sexual gratification component ofaggravated trafficking, as described in subsection (a)(1)(B) and (a)(2) ofK.S.A. 21-3447, and amendments thereto; incest, as described in K.S.A. 21-3602,and amendments thereto; or aggravated incest, as described in K.S.A. 21-3603,and amendments thereto,or involved conduct described inparagraphs (6) through (9).
(h) If any provisions of this section or the application thereof to anyperson or circumstances is held invalid, the invalidity does not affect otherprovisions or applications of this section which can be given effect withoutthe invalid provisions or application. To this end the provisions of thissection are severable.
History: L. 1963, ch. 303, 60-455;L. 2009, ch. 103, § 12; Apr. 30.