Mich. Comp. Laws § 768.27a
Evidence that defendant committed another listed offense against minor; admissibility; disclosure of evidence to defendant; definitions.
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THE CODE OF CRIMINAL PROCEDURE
Act 175 of 1927
768.27a Evidence that defendant committed another listed offense against minor; admissibility; disclosure of evidence to defendant; definitions.
Sec. 27a.
(1) Notwithstanding section 27, in a criminal case in which the defendant is accused of committing a listed offense against a minor, evidence that the defendant committed another listed offense against a minor is admissible and may be considered for its bearing on any matter to which it is relevant. If the prosecuting attorney intends to offer evidence under this section, the prosecuting attorney shall disclose the evidence to the defendant at least 15 days before the scheduled date of trial or at a later time as allowed by the court for good cause shown, including the statements of witnesses or a summary of the substance of any testimony that is expected to be offered.
(2) As used in this section:
(a) "Listed offense" means that term as defined in section 2 of the sex offenders registration act, 1994 PA 295, MCL 28.722.
(b) "Minor" means an individual less than 18 years of age.
History: Add. 2005, Act 135, Eff. Jan. 1, 2006
Notes of Decisions
Cited in 354
cases (125 in the last 5 years), 2007–2026 · leading case: People v. Watkins; People v. Pullen
People v. Watkins; People v. Pullen (2012)
“”1 We hold that MCL 768.27a irreconcilably conflicts with MRE 404(b), which bars the admission of other-acts evidence for the purpose of showing a defendant’s propensity to commit similar acts, and that the statute prevails over the court rule because it does not impermissibly…”
People v. Smith (2009)
“application for leave to appeal, but our Supreme Court, in lieu of granting leave to appeal, has remanded the case to this Court for consideration as on leave granted of (1) whether the circuit court erred in admitting the testimony of [LL] under MRE 404(b); (2) whether the…”
People v. Masroor (2015)
“On the fourth day of the trial, the prosecutor directed the trial court’s attention to People v Watkins, 491 Mich 450, 467 ; 818 NW2d 296 (2012), which, as we will discuss in greater detail, most assuredly requires the application of a “balancing test” for evidence offered under…”
People v. Solloway (2016)
“Under MCL 768.27a, “in a criminal case in which the defendant is accused of committing a listed offense[ 9 ] against a minor, evidence that the defendant committed another listed offense against a minor is admissible and may be considered for its bearing on any matter to which…”
People v. Buie (2012)
“OTHER-ACTS TESTIMONY Defendant argues that the testimony of LB, the victim of a 2004 sexual assault by defendant, should not have been admitted at trial because it was inadmissible other-acts evidence under MRE 404(b), was more prejudicial than probative and therefore…”
People v. Kerr (In Re Kerr) (2018)
“We hold that the trial court erred by concluding that MCL 768.27a does not apply to juvenile-delinquency trials.”
People v. Uribe (2015)
“The prosecution appeals the trial court’s order that suppressed evidence the prosecution sought to admit under MCL 768.27a. For the reasons stated below, we reverse the trial court’s decision, and remand for entry of an order that permits the admission of the proffered evidence.”
People v. Duenaz (2014)
“The prosecution disputes these arguments and contends that the trial court properly admitted the evidence under MCL 768.27a, which permits evidence of other offenses against minors.”
People v. Pattison (2007)
“Defendant appeals by leave granted the trial court’s order allowing the prosecution to introduce at the impending trial other-acts evidence under MRE 404(b) and MCL 768.27a. Defendant is charged with four counts of first-degree criminal sexual conduct, MCL 750.”
People v. Gaines (2014)
“iv Defendant also claims that the trial court abused its discretion by admitting evidence of other charged and uncharged acts under MCL 768.27a. We disagree. The prosecutor offered evidence of the following other acts at trial: • Charged offenses: The evidence supporting the…”
People v. Petri (2008)
“The admissibility of the evidence did not depend on MRE 404(b), because the prosecutor also relied on MCL 768.27a as authority to admit it. When a defendant is charged with second-degree criminal sexual conduct against a minor, evidence that the defendant committed another crime…”
People v. Cameron (2011)
“” 13 MCL 768.27a deals primarily with prior-bad-acts evidence involving crimes *610 against minors.”
— Mich. Comp. Laws § 768.27a(1) — 141 cases
People v. Duenaz (2014)
“The prosecution disputes these arguments and contends that the trial court properly admitted the evidence under MCL 768.27a, which permits evidence of other offenses against minors.”
People v. Mann (2010)
People v. Cameron (2011)
“” 13 MCL 768.27a deals primarily with prior-bad-acts evidence involving crimes *610 against minors.”
People v. Watkins; People v. Pullen (2012)
“”1 We hold that MCL 768.27a irreconcilably conflicts with MRE 404(b), which bars the admission of other-acts evidence for the purpose of showing a defendant’s propensity to commit similar acts, and that the statute prevails over the court rule because it does not impermissibly…”
People v. Kerr (In Re Kerr) (2018)
“We hold that the trial court erred by concluding that MCL 768.27a does not apply to juvenile-delinquency trials.”
— Mich. Comp. Laws § 768.27a(2) — 13 cases
— Mich. Comp. Laws § 768.27a(2)(a) — 60 cases
People v. Watkins; People v. Pullen (2012)
“”1 We hold that MCL 768.27a irreconcilably conflicts with MRE 404(b), which bars the admission of other-acts evidence for the purpose of showing a defendant’s propensity to commit similar acts, and that the statute prevails over the court rule because it does not impermissibly…”
People v. Dobek (2007)
People v. Mann (2010)
— Mich. Comp. Laws § 768.27a(2)(b) — 13 cases
People v. Mann (2010)
— Mich. Comp. Laws § 768.27a(l) — 6 cases
People v. Dobek (2007)
People v. Watkins; People v. Pullen (2012)
“”1 We hold that MCL 768.27a irreconcilably conflicts with MRE 404(b), which bars the admission of other-acts evidence for the purpose of showing a defendant’s propensity to commit similar acts, and that the statute prevails over the court rule because it does not impermissibly…”
People v. Mann (2010)
People v. Pattison (2007)
“Defendant appeals by leave granted the trial court’s order allowing the prosecution to introduce at the impending trial other-acts evidence under MRE 404(b) and MCL 768.27a. Defendant is charged with four counts of first-degree criminal sexual conduct, MCL 750.”
People v. Smith (2009)
“application for leave to appeal, but our Supreme Court, in lieu of granting leave to appeal, has remanded the case to this Court for consideration as on leave granted of (1) whether the circuit court erred in admitting the testimony of [LL] under MRE 404(b); (2) whether the…”
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