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Misconduct, § 904.04(2) – Motive and Intent — Videotaped Sex Acts of Young Females — Relevance to Child-Enticement

State v. Gabriel DeRango, 2000 WI 89, 236 Wis. 2d 721, 613 N.W.2d 833, affirming State v. Derango, 229 Wis. 2d 1, 599 N.W.2d 27
For Derango: Robert G. LeBell

Issue: Whether the trial court properly admitted, as misconduct evidence relevant to motive and intent on child enticement-related charges, depictions of sex acts by young females on videotapes found in the defendant’s home.

Holding: Following the methodology required by State v. Sullivan, 216 Wis. 2d 768, 576 N.W.2d 30 (1998), the videotapes were relevant and highly probative (based on strong similarities to charged offenses) and, given the sensitive nature of the charges in the first place along with a proper cautionary instruction on use of the tapes, weren’t unfairly prejudicial. ¶¶37-47.

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