Maryland Code § CR-3-319

Section CR-3-319
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(a) Evidence relating to a victim's reputation for chastity or abstinence and
opinion evidence relating to a victim's chastity or abstinence may not be admitted in
a prosecution for:
(1) a crime specified under this subtitle or a lesser included crime;
(2) the sexual abuse of a minor under § 3-602 of this title or a lesser
included crime; or
(3) the sexual abuse of a vulnerable adult under § 3-604 of this title
or a lesser included crime.
(b) Evidence of a specific instance of a victim's prior sexual conduct may be
admitted in a prosecution described in subsection (a) of this section only if the judge
finds that:
(1) the evidence is relevant;

(2) the evidence is material to a fact in issue in the case;
(3) the inflammatory or prejudicial nature of the evidence does not
outweigh its probative value; and
(4) the evidence:
(i) is of the victim's past sexual conduct with the defendant;
(ii) is of a specific instance of sexual activity showing the
source or origin of semen, pregnancy, disease, or trauma;
(iii) supports a claim that the victim has an ulterior motive to
accuse the defendant of the crime; or
(iv) is offered for impeachment after the prosecutor has put the
victim's prior sexual conduct in issue.
(c) (1) Evidence described in subsection (a) or (b) of this section may not
be referred to in a statement to a jury or introduced in a trial unless the court has
first held a closed hearing and determined that the evidence is admissible.
(2) The court may reconsider a ruling excluding the evidence and
hold an additional closed hearing if new information is discovered during the course
of the trial that may make the evidence admissible.

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