Section 491.078

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS

Chapter 491

Effective - 28 Aug 1995   

  491.078.  Juvenile court adjudication, use to affect credibility — sexual offense adjudication, affect on credibility — multiple adjudications, admissible, when. — 1.  Notwithstanding any other provision of law to the contrary, a juvenile court adjudication for any of the following acts may be used to affect the credibility of a witness or a defendant in a criminal case, if such acts occurred within three years of the date of any sworn testimony by the witness or defendant:

  (1)  An act that would have been a class A or class B felony if committed by an adult;

  (2)  An act that would have been a class C or class D felony if committed by an adult, if the juvenile court record contains at least one other adjudication for any act that would have been a felony if committed by an adult.

  2.  In any case in which a defendant is charged with a sexual offense under the provisions of chapter 566, a juvenile court adjudication of the defendant may be used to question the credibility of the defendant if such adjudication is for an act which would have been a violation of chapter 566 if the act had been committed by an adult and if such juvenile court adjudication occurred within three years of the commission of the pending offense.  If the defendant's juvenile court records contain more than one adjudication for acts which would have been violations of chapter 566 if committed by an adult, such multiple adjudications shall be admissible for impeachment regardless of when they occurred.

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(L. 1995 H.B. 174, et al. § 1)