(1) In a criminal case in which the accused is accused of
an offense of sexual assault, evidence of the accused's commission of another
offense or offenses of sexual assault is admissible if there is clear and
convincing evidence otherwise admissible under the Nebraska Evidence Rules
that the accused committed the other offense or offenses. If admissible, such
evidence may be considered for its bearing on any matter to which it is relevant.
(2) In a
case in which the prosecution intends to offer evidence under this section,
the prosecuting attorney shall disclose the evidence to the accused, including
statements of witnesses or a summary of the substance of any testimony that
is expected to be offered, at least fifteen days before the scheduled date
of trial or at such later time as the court may allow for good cause.
(3) Before admitting
evidence of the accused's commission of another offense or offenses of sexual
assault under this section, the court shall conduct a hearing outside the
presence of any jury. At the hearing, the rules of evidence shall apply and
the court shall apply a section 27-403 balancing and admit the evidence unless
the risk of prejudice substantially outweighs the probative value of the evidence.
In assessing the balancing, the court may consider any relevant factor such
as (a) the probability that the other offense occurred, (b) the proximity
in time and intervening circumstances of the other offenses, and (c) the similarity
of the other acts to the crime charged.
(4) This
section shall not be construed to limit the admission or consideration of
evidence under any other section of the Nebraska Evidence Rules.
Notes of Decisions
Cited in
50
cases (
25 in the last 5 years), 2013–2026 · leading case:
State v. Valverde, 835 N.W.2d 732 (Neb. 2013).
State v. Valverde, 835 N.W.2d 732 (Neb. 2013).
· cites it 73× “Neb. Rev. Stat. § 27-414 (Cum. Supp. 2012) allows evidence of prior offenses of sexual assault to prove propensity.”
State v. Lierman, 305 Neb. 289 (Neb. 2020).
· cites it 15× “” 6 Section 27-414 provides: (1) In a criminal case in which the accused is accused of an offense of sexual assault, evidence of the accused’s commission of another offense or offenses of sexual assault is admissible if there is clear and convinc- ing evidence otherwise…”
State v. Swartz, 318 Neb. 553 (Neb. 2025).
· cites it 25× “Neb. Rev. Stat. § 27-414 (Reissue 2016) allows evidence of prior offenses of sexual assault to prove propensity.”
State v. Anders, 977 N.W.2d 234 (Neb. 2022).
· cites it 12× “from testifying under Neb. Rev. Stat. § 27-414 (Reissue 2016). The court held a hearing where M.”
State v. Kelly, 835 N.W.2d 79 (Neb. Ct. App. 2013).
· cites it 8× “414, Neb. Rev. Stat. § 27-414 (Cum. Supp. 2012), the court shall conduct a hear- ing outside the presence of any jury.”
State v. Stephens, 26 Neb. Ct. App. 1 (Neb. Ct. App. 2018).
· cites it 25× “On appeal, Stephens argues that the district court improperly allowed Neb. Rev. Stat. § 27-414 (Reissue 2016) evidence and that there was insufficient evidence to support his conviction.”
State v. Kidder, 299 Neb. 232 (Neb. 2018).
· cites it 2× “414, Neb. Rev. Stat. § 27-414 (Reissue 2016). No error is assigned to this ruling on appeal.”
State v. Prado, 30 Neb. Ct. App. 223 (Neb. Ct. App. 2021).
· cites it 9× “223 court erred in (1) appointing new counsel after the verdict but before sentencing, (2) denying his motion to suppress, (3) granting the State’s motion to offer Neb. Rev. Stat. § 27-414 (Reissue 2016) evidence, and (4) denying his motion to offer Neb.”
State v. Lee, 304 Neb. 252 (Neb. 2019).
· cites it 2× “414, Neb. Rev. Stat. § 27-414 (Reissue 2016) (Rule 414).”
State v. Martinez, 306 Neb. 516 (Neb. 2020).
· cites it 2× “414, Neb. Rev. Stat. § 27-414 (Reissue 2016). It was relevant to show the progression of the sexual assault, and its probative value was not outweighed by the danger of unfair prejudice.”
State v. Greer, 979 N.W.2d 101 (Neb. 2022).
· cites it 2× “§ 27-404 (Reissue 2016) (other bad acts) and Neb. Rev. Stat. § 27-414 (Reissue 2016) (prior sexual con- duct).”
State v. Esch, 315 Neb. 482 (Neb. 2023).
· cites it 2× “Compare Neb. Rev. Stat. § 27-414 (Reissue 2016). 52 State v.”
— Neb. Rev. Stat. § 27-414(1) — 16 cases
State v. Valverde, 835 N.W.2d 732 (Neb. 2013).
“Neb. Rev. Stat. § 27-414 (Cum. Supp. 2012) allows evidence of prior offenses of sexual assault to prove propensity.”
State v. Anders, 977 N.W.2d 234 (Neb. 2022).
“from testifying under Neb. Rev. Stat. § 27-414 (Reissue 2016). The court held a hearing where M.”
State v. Swartz, 318 Neb. 553 (Neb. 2025).
“Neb. Rev. Stat. § 27-414 (Reissue 2016) allows evidence of prior offenses of sexual assault to prove propensity.”
State v. Stephens, 26 Neb. Ct. App. 1 (Neb. Ct. App. 2018).
“On appeal, Stephens argues that the district court improperly allowed Neb. Rev. Stat. § 27-414 (Reissue 2016) evidence and that there was insufficient evidence to support his conviction.”
— Neb. Rev. Stat. § 27-414(2) — 5 cases
State v. Valverde, 835 N.W.2d 732 (Neb. 2013).
“Neb. Rev. Stat. § 27-414 (Cum. Supp. 2012) allows evidence of prior offenses of sexual assault to prove propensity.”
— Neb. Rev. Stat. § 27-414(3) — 15 cases
State v. Swartz, 318 Neb. 553 (Neb. 2025).
“Neb. Rev. Stat. § 27-414 (Reissue 2016) allows evidence of prior offenses of sexual assault to prove propensity.”
State v. Valverde, 835 N.W.2d 732 (Neb. 2013).
“Neb. Rev. Stat. § 27-414 (Cum. Supp. 2012) allows evidence of prior offenses of sexual assault to prove propensity.”
State v. Anders, 977 N.W.2d 234 (Neb. 2022).
“from testifying under Neb. Rev. Stat. § 27-414 (Reissue 2016). The court held a hearing where M.”
State v. Prado, 30 Neb. Ct. App. 223 (Neb. Ct. App. 2021).
“223 court erred in (1) appointing new counsel after the verdict but before sentencing, (2) denying his motion to suppress, (3) granting the State’s motion to offer Neb. Rev. Stat. § 27-414 (Reissue 2016) evidence, and (4) denying his motion to offer Neb.”
— Neb. Rev. Stat. § 27-414(3)(a) — 1 case
— Neb. Rev. Stat. § 27-414(3)(b) — 2 cases
— Neb. Rev. Stat. § 27-414(3)(c) — 3 cases
State v. Valverde, 835 N.W.2d 732 (Neb. 2013).
“Neb. Rev. Stat. § 27-414 (Cum. Supp. 2012) allows evidence of prior offenses of sexual assault to prove propensity.”
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