US-CA8 · jury_instructions
8th Cir. Model Jury Instr. (Criminal) 2.08A
Defendant's Prior Similar Acts in Sexual Assault and Child Molestation Cases (Fed. R. Evid. 413 and 414)
You [are about to hear] [have heard]1 evidence that the defendant may have previously committed [another] [other] offense[s] of [sexual assault] [child molestation]. The defendant is not charged with [this] [these] other offense[s]. You may consider this evidence only if you unanimously find it is more likely true than not true. You decide that by considering all of the evidence and deciding what evidence is more believable. This is a lower standard than proof beyond a reasonable doubt.
If you find that [this offense has] [these offenses have] not been proved, you must disregard [it] [them].2 If you find that [this offense has] [these offenses have] been proved, you may consider [it] [them] to help you decide any matter to which [it is] [they are] relevant. You should give [it] [them] the weight and value you believe [it is] [they are] entitled to receive. You may consider the evidence of such other act[s] of [sexual assault] [child molestation] for its tendency, if any, to show the defendant's propensity3 to engage in [sexual assault] [child molestation] [.] [, as well as its tendency, if any, to [determine whether the defendant committed the acts charged in the Indictment] [determine the defendant's intent] [determine the identity of the person who committed the act[s] charged in the Indictment] [determine the defendant's (motive) (plan) (design) (opportunity) to commit the act[s] charged in the Indictment] [determine the defendant's knowledge] [rebut the contention of the defendant that [his] [her] participation in the offense[s] charged in the Indictment was the result of (accident) (mistake) (entrapment)] [rebut the issue of __________ raised by the defense].]
Remember, the defendant is on trial only for the crime[s] charged. You may not convict a person simply because you believe [he] [she] may have committed similar acts in the past.
Provenance
- Source
- juryinstructions.ca8.uscourts.gov
- Retrieved
- 2026-08-19
- Edition
- 2026-08-19
- Content hash
3c81bf5f986b112a6b8bf998ae2085e613cab7a59f32abb7d05606421ab5f646
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