Moser v. State, 409 P.3d 1236

Jonathon Moser, a middle/high school special education teacher, was convicted after a jury trial of three counts of second-degree sexual assault of a minor and one count of first-degree sexual assault of a minor based on incidents at Rawlins Middle School and Glenrock High School.
Multiple students reported inappropriate touching (thighs, buttocks, breasts, hand-holding, rubbing over clothing) during detentions, volleyball activities, and classroom interactions; one victim (AC) later reported an alleged forcible intercourse during detention.
The State gave notice it would offer other-acts evidence under W.R.E. 404(b) consisting of testimony from several students describing similar touching; the trial court held a pretrial 404(b) hearing and admitted a narrowed set of that testimony while excluding vague or cumulative material.
Defense counsel sought to cross-examine AC about her prior experience as a victim in an earlier sexual-assault matter to impeach her claim she delayed reporting because she was afraid; the court held a rape-shield hearing and excluded that specific cross-examination.
Moser appealed, arguing the district court abused its discretion in admitting 404(b) evidence and in restricting cross-examination under the rape-shield statute; the Wyoming Supreme Court affirmed.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Moser)	Held
Admissibility of other-acts evidence under W.R.E. 404(b)	Evidence was offered for proper purposes (motive, plan/modus operandi, course of conduct) and was relevant to show pattern and sexual motive	Evidence was nonsexual, too remote/fragmented to show a course of conduct, and unfairly prejudicial propensity evidence	Court affirmed admission of a narrowed set of specific touching incidents as relevant to motive, intent, and course of conduct and not unfairly prejudicial
Restriction on cross-examining AC about being a prior sexual-assault complainant	The rape-shield statute limits admission; even if noticed late, the court should exclude evidence whose probative value does not substantially outweigh prejudice	Cross-examination was probative to impeach AC’s claim she delayed reporting due to fear (showing she had prior contact with law enforcement and was treated fairly)	Court affirmed exclusion under the rape-shield statute; defense was allowed broad questioning about AC’s contacts with police, but her status as a prior sexual-assault complainant was excluded as unduly prejudicial

Griggs v. State, 367 P.3d 1108 (Wyo. 2016) (other-acts analysis and risks of unfair prejudice)
Gleason v. State, 57 P.3d 332 (Wyo. 2002) (required multi-factor 404(b) framework)
Garrison v. State, 409 P.3d 1209 (Wyo. 2018) (course-of-conduct caution and standard of review)
McGarvey v. State, 325 P.3d 450 (Wyo. 2014) (rape-shield evidentiary standard: generally inadmissible absent unusual probative value)
Huckfeldt v. State, 297 P.3d 97 (Wyo. 2013) (other sexual misconduct probative of sexual motive)
Scadden v. State, 732 P.2d 1036 (Wyo. 1987) (contextual relevance of related acts)
Carroll v. State, 352 P.3d 251 (Wyo. 2015) (policy rationale for rape-shield and related admissibility principles)
United States v. Herndon, 982 F.2d 1411 (10th Cir. 1992) (quoted multi-step 404(b) test procedure)