Is evidence of a defendant's criminal past admissible to prove his propensity to commit crimes of a sexual nature?

California, United States of America


The following excerpt is from People v. Warfield, B277726 (Cal. App. 2018):

Generally, evidence of prior criminal acts is inadmissible to prove the defendant's conduct on a specific occasion. (See Evid. Code, 1101, subd. (a); see also People v. Cole (2004) 33 Cal.4th 1158, 1194 (Cole).) In a criminal action where the defendant is charged with a sexual offense, however, evidence of the defendant's commission of other sexual offenses is admissible to prove the defendant's propensity to commit crimes of a sexual nature if such evidence is not inadmissible under Evidence Code section 352. (See Evid. Code, 1108, subd. (a); People v. Christensen (2014) 229 Cal.App.4th 781, 795-796.) Evidence of the defendant's commission of other sexual offenses should be excluded under Evidence Code section 352 "if its probative value is substantially outweighed by the probability that its admission will (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury." (Evid. Code, 352.)

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