California, United States of America
The following excerpt is from People v. Clotfelter, 279 Cal.Rptr.3d 487, 65 Cal.App.5th 30 (Cal. App. 2021):
Evidence Code section 1101, subdivision (a), makes evidence of a person's character or trait of his character generally inadmissible when offered by an opposing party to prove the person's conduct on a specified occasion. Notwithstanding this general rule, evidence that a person has committed a prior crime, civil wrong or other act is admissible to prove a fact (e.g., motive, intent, plan, identity) other than a disposition to commit such an act. ( Evid. Code, 1101, subd. (b).) But in a criminal case where a defendant is accused of a sexual offense, evidence that the defendant previously committed other sexual offenses is not inadmissible under Evidence Code section 1101, if the evidence meets the standards for admissibility under Evidence Code section 352. ( Evid. Code, 1108, subd. (a).) Evidence Code section 1108 was enacted "to expand the admissibility of disposition or propensity evidence in sex offense cases." ( People v. Falsetta (1999) 21 Cal.4th 903, 911, 89 Cal.Rptr.2d 847, 986 P.2d 182.) " Section 1108 provides the trier of fact in a sex offense case the opportunity to learn of the
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defendant's possible disposition to commit sex crimes." ( Id. at p. 915, 89 Cal.Rptr.2d 847, 986 P.2d 182.) Such evidence "constitutes relevant circumstantial evidence that [the defendant] committed the charged sex offenses." ( Id. at p. 920, 89 Cal.Rptr.2d 847, 986 P.2d 182.) Evidence of prior sexual offenses under section 1108 may be considered for any relevant purpose, "subject only to the prejudicial effect versus probative value weighing process required by section 352." ( People v. Britt (2002) 104 Cal.App.4th 500, 505, 128 Cal.Rptr.2d 290.)
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