§ RULE 11-413. SEX CRIMES; TESTIMONY; LIMITATIONS; IN CAMERA HEARING

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RULE 11-413. SEX CRIMES; TESTIMONY; LIMITATIONS; IN CAMERA HEARING

A. Evidence of the Victim's Past Sexual Conduct. In prosecutions under Sections 30-9-11 to 30-9-15 NMSA 1978, evidence of the victim's past sexual conduct, opinion evidence thereof or of reputation for past sexual conduct shall not be admitted unless, and only to the extent that the court finds, that evidence of the victim's past sexual conduct is material and relevant to the case and that its inflammatory or prejudicial nature does not outweigh its probative value.

B. Pretrial Motion Required. If such evidence is proposed to be offered, the defendant must file a written motion prior to trial. The court shall hear such pretrial motion prior to trial at an in camera hearing to determine whether such evidence is admissible under Paragraph A of this rule. If new information, which the defendant proposes to offer under Paragraph A of this rule, is discovered prior to or during the trial, the judge shall order an in camera hearing to determine whether the proposed evidence is admissible under Paragraph A of this rule. If such proposed evidence is deemed admissible, the court shall issue a written order stating what evidence may be introduced by the defendant and stating the specific questions to be permitted.