A. In a criminal case in which the defendant is accused of an offense of sexual assault, evidence of the defendant's commission of another offense or offenses of sexual assault is admissible, and may be considered for its bearing on any matter to which it is relevant.
§ 2413.Sexual Assault Offense - Commission of Other Offenses Admissible - Definition
Chapter 40: Oklahoma Evidence Code · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceMakes a defendant's commission of another sexual-assault offense admissible in a sexual-assault prosecution for its bearing on any relevant matter, subject to a fifteen-day pretrial disclosure requirement, and defines the range of conduct that counts as an offense of sexual assault.
Full Text of § 2413
B. In a case in which the state intends to offer evidence under this rule, the attorney for the state shall disclose the evidence to the defendant, including statements of witnesses or a summary of the substance of any testimony that is expected to be offered, at least fifteen (15) days before the scheduled date of trial or at such later time as the court may allow for good cause.
C. This rule shall not be construed to limit the admission or consideration of evidence under any other rule.
D. For purposes of this rule, "offense of sexual assault" means a crime under federal law or the laws of this state that involve:
1. Any conduct proscribed by Sections 1111 through 1125 of Title 21 of the Oklahoma Statutes;
2. Contact, without consent, between any part of the defendant's body or an object and the genitals or anus of another person;
3. Contact, without consent, between the genitals or anus of the defendant and any part of another person's body;
4. Deriving sexual pleasure or gratification from the infliction of death, bodily injury, emotional distress, or physical pain on another person; or
5. An attempt or conspiracy to engage in conduct described in paragraphs 1 through 4 of this subsection.
Amendment History
Added by Laws 2007, SB 917, c. 76, §1, emerg. eff. 4/30/2007.
Plain-English Summary
Section 2413 flips the usual character-evidence rule for a specific category of crime. In a prosecution for an offense of sexual assault, evidence that the defendant committed another sexual-assault offense is admissible, and the fact-finder may consider it for its bearing on any matter to which it's relevant, including the defendant's propensity to commit this kind of offense, which Section 2404 would otherwise bar.
The state has to disclose the evidence, including witness statements or a summary of expected testimony, at least fifteen days before trial, or later for good cause. Subsection D defines "offense of sexual assault" broadly: conduct proscribed by 21 O.S. §§ 1111 through 1125, nonconsensual contact between the defendant's body or an object and another person's genitals or anus (or the reverse), deriving sexual gratification from inflicting death, injury, distress, or pain on another person, and any attempt or conspiracy to do any of that.
Frequently Asked Questions
Can prosecutors introduce evidence that a defendant committed a prior sexual assault?
Yes. Section 2413(A) makes evidence of the defendant's commission of another offense of sexual assault admissible in a sexual-assault prosecution, for its bearing on any relevant matter.
How much advance notice must the state give before using this evidence?
At least fifteen days before the scheduled trial date, under subsection B, or a later time the court allows for good cause.
Does this section let in evidence of propensity to commit sexual assault?
Yes -- that's the point of the rule. It admits evidence of another sexual-assault offense for its bearing on any matter to which it's relevant, which includes propensity, unlike the general rule against character evidence.
What counts as an "offense of sexual assault" under this section?
Subsection D defines it to include conduct proscribed by Sections 1111 through 1125 of Title 21, nonconsensual sexual contact, deriving sexual gratification from inflicting harm, and attempts or conspiracies to commit any of that conduct.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: oklahoma other sexual assault offenses evidence12 O.S. § 2413FRE 413 oklahoma equivalentpropensity evidence sexual assault oklahoma