Can a jury use propensity evidence to convict a defendant of sexual penetration of a minor?
California, United States of America
The following excerpt is from People v. Anderson, E069057 (Cal. App. 2019):
2. There were no uncharged acts of sexual penetration the evidence showed two acts of sexual penetration, and the jury was allowed to find defendant guilty of sexual penetration of a minor based on either one. Thus, this instruction effectively allowed the jury to use a charged offense as propensity evidence, even if it was not proven beyond a reasonable doubt, in violation of People v. Cruz (2016) 2 Cal.App.5th 1178.
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