Neb. Rev. Stat. » Chapter 27
Nebraska Revised Statutes

Neb. Rev. Stat. § 27-414 (2026)

Criminal use; evidence of similar crimes in sexual assault cases

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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(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).
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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, 940 N.W.2d 529 (Neb. 2020). · cites it 15× “(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…”
State v. Swartz, 17 N.W.3d 174 (Neb. 2025). · cites it 25× “Rev. Stat. § 27-414 (1) (Reissue 2016), evidence of the accused’s prior commission of another offense of sexual assault is admissible at trial if there is clear and convincing evidence that the accused committed the other offense.”
State v. Anders, 977 N.W.2d 234 (Neb. 2022). · cites it 12× “suffered a broken tailbone at one point in her training and Anders claimed he could “fix [her] broken tailbone” by inserting his fingers into her vagina to “correct” it. - 965 - Nebraska Supreme Court Advance Sheets 311 Nebraska Reports STATE v.”
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, 915 N.W.2d 828 (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, 908 N.W.2d 1 (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× “When a defendant’s trial counsel is different from his or her counsel on direct appeal, the defendant must raise on direct appeal any issue of trial counsel’s ineffective performance which is known to the defendant or is apparent from the record.”
State v. Lee, 934 N.W.2d 145 (Neb. 2019). · cites it 2× “The defense claimed that the Iowa incident should be excluded because, unlike other incidents - 256 - Nebraska Supreme Court A dvance Sheets 304 Nebraska R eports STATE v. LEE found to be admissible under our case law as inextricably intertwined, the Iowa assault was not one…”
State v. Martinez, 946 N.W.2d 445 (Neb. 2020). · cites it 2× “stated that when she moved to Lincoln, her family lived in a mobile home. At that residence, when M.”
State v. Greer, 979 N.W.2d 101 (Neb. 2022). · cites it 2× “Generally, the State sought to introduce evidence that Greer (1) had engaged in uncharged sex acts with other children, (2) had engaged in uncharged sex acts with already identified victims, and (3) was “grooming” the children through the supplying of alcohol and marijuana…”
State v. Esch, 997 N.W.2d 569 (Neb. 2023). · cites it 2× “57 We find no merit in Esch’s assignments that his counsel was ineffective for failing to object to the admission of this evidence and move for a mistrial after the evidence was admitted.”
Show all 50 citing cases →
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). “suffered a broken tailbone at one point in her training and Anders claimed he could “fix [her] broken tailbone” by inserting his fingers into her vagina to “correct” it. - 965 - Nebraska Supreme Court Advance Sheets 311 Nebraska Reports STATE v.”
State v. Swartz, 17 N.W.3d 174 (Neb. 2025). “Rev. Stat. § 27-414 (1) (Reissue 2016), evidence of the accused’s prior commission of another offense of sexual assault is admissible at trial if there is clear and convincing evidence that the accused committed the other offense.”
State v. Stephens, 915 N.W.2d 828 (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.”
State v. Hagens, 26 N.W.3d 174 (Neb. 2025).
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.”
State v. Addleman, No. A-20-793 (Neb. Ct. App. Nov. 2, 2021).
State v. Schaller, No. A-21-404 (Neb. Ct. App. May 3, 2022).
State v. Brooks, 22 N.W.3d 640 (Neb. 2025).
State v. Schaetzle, No. A-14-777 (Neb. Ct. App. June 2, 2015).
Neb. Rev. Stat. § 27-414(3): 15 cases
State v. Swartz, 17 N.W.3d 174 (Neb. 2025). “Rev. Stat. § 27-414 (1) (Reissue 2016), evidence of the accused’s prior commission of another offense of sexual assault is admissible at trial if there is clear and convincing evidence that the accused committed the other offense.”
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). “suffered a broken tailbone at one point in her training and Anders claimed he could “fix [her] broken tailbone” by inserting his fingers into her vagina to “correct” it. - 965 - Nebraska Supreme Court Advance Sheets 311 Nebraska Reports STATE v.”
State v. Prado, 30 Neb. Ct. App. 223 (Neb. Ct. App. 2021). “When a defendant’s trial counsel is different from his or her counsel on direct appeal, the defendant must raise on direct appeal any issue of trial counsel’s ineffective performance which is known to the defendant or is apparent from the record.”
State v. Prado, 967 N.W.2d 696 (Neb. Ct. App. 2021).
Neb. Rev. Stat. § 27-414(3)(a): 1 case
State v. Brooks, No. A-23-730 (Neb. Ct. App. Oct. 22, 2024).
Neb. Rev. Stat. § 27-414(3)(b): 2 cases
State v. De Los Angeles, No. A-23-577 (Neb. Ct. App. May 7, 2024).
State v. Brooks, No. A-23-730 (Neb. Ct. App. Oct. 22, 2024).
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.”
State v. Schaller, No. A-21-404 (Neb. Ct. App. May 3, 2022).
State v. Brooks, No. A-23-730 (Neb. Ct. App. Oct. 22, 2024).
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