What is the test for a jury to convict a defendant of a sexual assault under section 352 of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Deason, F074755 (Cal. App. 2019):

"The factors to be considered by a trial court in conducting the ... section 352 weighing process depend upon 'the unique facts and issues of each case ....' [Citation.]" (People v. Nguyen (2010) 184 Cal.App.4th 1096, 1116.) "In exercising [section 352] discretion as to a sexual offense, 'trial judges must consider such factors as its nature, relevance, and possible remoteness, the degree of certainty of its commission and the likelihood of confusing, misleading, or distracting the jurors from their main inquiry, its similarity to the charged offense, its likely prejudicial impact on the jurors, the burden on

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the defendant in defending against the uncharged offense, and the availability of less prejudicial alternatives to its outright admission, such as admitting some but not all of the defendant's other sex offenses, or excluding irrelevant though inflammatory details surrounding the offense.' [Citation.]" (People v. Loy (2011) 52 Cal.4th 46, 61; see People v. Branch (2001) 91 Cal.App.4th 274, 282.)

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