Rule 11-414. Evidence of gender or sexual orientation; testimony; limitations; in camera hearing.

A. Prohibited uses. The following evidence is not admissible in a criminal or civil proceeding: (1) evidence of a victim or witness’s perceived or actual gender, gender expression, gender identity, or sexual orientation, as a defense, justification, or excuse in a criminal or civil proceeding that the defendant’s conduct was a reaction to the discovery of, knowledge about, or potential disclosure of that information; or (2) evidence that a defendant was romantically propositioned in a nonviolent or non-threatening manner by a person of the same gender or a person who is transgender so that it may be used as a defense, justification, or excuse for the defendant’s conduct. B. Exceptions. The court may admit evidence of a victim or witness’s perceived or actual gender, gender expression, gender identity, or sexual orientation for other purposes that are material and relevant to the case when the inflammatory or prejudicial nature does not outweigh its probative value. C. Procedure to determine admissibility. (1) Motion. If the defendant intends to offer evidence under Rule 11-414(B) NMRA, the defendant must file a written motion before trial. If the defendant discovers new information during trial, the defendant shall immediately bring the information to the attention of the court outside the presence of the jury. (2) Hearing. Before admitting evidence under this rule, the court shall conduct an in camera hearing to determine whether such evidence is admissible. (3) Order. If the court determines that the proposed evidence is 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. Unless the court orders otherwise, the motion, order, related materials, and the record of the hearing must remain sealed.