Can a defendant's uncharged sex crimes be used as propensity evidence in a sex offense prosecution?

California, United States of America


The following excerpt is from People v. Granger, A123363 (Cal. App. 2011):

Evidence Code section 1108 "allows evidence of the defendant's uncharged sex crimes to be introduced in a sex offense prosecution to demonstrate the defendant's disposition to commit such crimes." (People v. Reliford (2003) 29 Cal.4th 1007, 1009.)

Page 16

"Before Evidence Code section 1108 was enacted, prior bad acts were inadmissible when their sole relevance was to prove a defendant's propensity to engage in criminal conduct (see Evid. Code, 1101; [People v.] Falsetta [1999] 21 Cal.4th [903,] 913.) However, the enactment of Evidence Code section 1108 created a statutory exception to the rule against the use of propensity evidence, allowing admission of evidence of other sexual offenses in cases charging such conduct, for proof of the defendant's disposition to commit the charged offense. [Citation.]" (People v. Miramontes (2010) 189 Cal.App.4th 1085, 1096-1097, fn. omitted.)

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