Rule 2:413.Evidence of similar crimes in child sexual offense cases (derived from Code § 18.2-67.7:1).

Rule 2:413 carves out a specific exception to Rule 2:404’s general bar on using other crimes to prove character. In a criminal case where the defendant is accused of a felony sexual offense involving a child victim, subdivision (a) makes evidence of the defendant’s conviction of another sexual offense admissible, and lets the fact-finder consider it for its bearing on any relevant matter — not confined to the narrower purposes, like motive or identity, that Rule 2:404(b) requires for other-crimes evidence generally.

Subdivisions (b) and (c) build in procedural protections and boundaries. The Commonwealth must give the defendant written notice at least 14 days before trial of its intent to introduce a prior conviction, including the date of each conviction, the court and jurisdiction where it was obtained, and the offense involved, and must provide the defendant photocopies of certified copies of the final orders before trial. The rule also makes clear it does not limit the admission of similar-crimes evidence under any other rule or statute — it is an additional path, not the only one.

Subdivision (d) defines “sexual offense” broadly, covering any offense — or attempt or conspiracy to commit one — described in the sexual assault article of the criminal code or the listed indecent-liberties-with-children statutes, along with substantially similar offenses under the law of another state, a U.S. territory, the District of Columbia, or the United States. And subdivision (e) reminds courts that admissibility under this rule does not bypass the rest of the evidence rules — evidence offered under Rule 2:413 remains subject to exclusion under the Virginia Rules of Evidence, including the Rule 2:403 balancing test.