Is prior criminal history admissible to prove a defendant's propensity to commit crimes of a sexual nature?

California, United States of America


The following excerpt is from People v. Morse, C086129 (Cal. App. 2019):

Generally, evidence of prior criminal acts is inadmissible to prove the defendant's conduct on a specific occasion. ( 1101, subd. (a); see also People v. Cole (2004) 33 Cal.4th 1158, 1194.) 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 section 352. ( 1108, subd. (a); People v. Christensen (2014) 229 Cal.App.4th 781, 795-796.)

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