Fed. R. Evid. 414 — Similar Crimes in Child-Molestation Cases
Plain English
The child-molestation companion to Rule 413. In a criminal child-molestation case, the court may admit evidence that the defendant committed any other child molestation, on any relevant matter—including propensity. The same 15-day prosecutorial disclosure applies. The rule defines “child” (under 14) and “child molestation” by reference to federal and state crimes.
From the Courtroom
Like Rule 413, this opens the door to propensity in a narrow, high-stakes category. Prior-acts evidence here is among the most powerful—and most prejudicial—a jury can hear, so the Rule 403 screen is where these cases are fought. Florida has its own version in § 90.404(2)(b), with its own admissibility gloss, so federal and state practice differ in the details even though both let the other-acts evidence in.
Key Points & Authority
- Propensity allowed (414(a)). Evidence of the defendant’s other child molestations is admissible on any relevant matter.
- Disclosure (414(b)). At least 15 days before trial (or later for good cause).
- Other rules intact (414(c)). Rule 403 still screens for unfair prejudice.
- Definitions (414(d)). “Child” is under 14; “child molestation” keys to 18 U.S.C. chapters 109A and 110 and enumerated contact.
Florida Parallel
Florida Parallel: Fed. R. Evid. 414 most closely tracks § 90.404(2)(b), Fla. Stat.—Florida’s similar-fact provision for child-molestation cases, which likewise admits evidence of other acts of child molestation under its own admissibility standards. Cross-reference is text-only for now; live links added in a later interlinking pass.
About this rule walkthrough
Part of The Evidence Code, hosted by John M. Phillips — Board Certified Civil Trial Lawyer, Court TV analyst, admitted in 8 states + 9 federal districts + SCOTUS.
Free consultation: (904) 444-4444 · About John Phillips
Educational only — not legal advice.
Rule Text (verbatim from the Florida Supreme Court)
(a) Permitted Uses. In a criminal case in which a defendant is accused of child molestation, the court may admit evidence that the defendant committed any other child molestation. The evidence may be considered on any matter to which it is relevant.
(b) Disclosure to the Defendant. If the prosecutor intends to offer this evidence, the prosecutor must disclose it to the defendant, including witnesses’ statements or a summary of the expected testimony. The prosecutor must do so at least 15 days before trial or at a later time that the court allows for good cause.
(c) Effect on Other Rules. This rule does not limit the admission or consideration of evidence under any other rule.
(d) Definition of “Child” and “Child Molestation.” In this rule and Rule 415:
(1) “child” means a person below the age of 14; and
(2) “child molestation” means a crime under federal law or under state law (as “state” is defined in 18 U.S.C. § 513) involving:
(A) any conduct prohibited by 18 U.S.C. chapter 109A and committed with a child;
(B) any conduct prohibited by 18 U.S.C. chapter 110;
(C) contact between any part of the defendant’s body — or an object — and a child’s genitals or anus;
(D) contact between the defendant’s genitals or anus and any part of a child’s body;
(E) deriving sexual pleasure or gratification from inflicting death, bodily injury, or physical pain on a child; or
(F) an attempt or conspiracy to engage in conduct described in subparagraphs (A)–(E).
Educational reference. Educational summary of the Federal Rules of Evidence, not legal advice.
What this rule means in plain English
The child-molestation companion to Rule 413. In a criminal child-molestation case, the court may admit evidence that the defendant committed any other child molestation, on any relevant matter—including propensity. The same 15-day prosecutorial disclosure applies. The rule defines “child” (under 14) and “child molestation” by reference to federal and state crimes.