California, United States of America
The following excerpt is from People v. Samaniego, B290911 (Cal. App. 2019):
In general, evidence of specific instances of a person's conduct is inadmissible when offered to prove his conduct on a specified occasion. (Evid. Code, 1101, subd. (a).) Such evidence may, however, be admitted to prove motive or intent. (Id., subd. (b).) "In certain circumstances, evidence of sexual images possessed by a defendant has been held admissible to prove his or her intent." (People v. Page (2008) 44 Cal.4th 1, 40.) We review the admission of evidence under Evidence Code section 1101 for an abuse of discretion. (People v. Daniels (1991) 52 Cal.3d 815, 856.)
Samaniego first argues that the photographs and websites were inadmissible because they did not qualify as "bad acts" under Evidence Code subdivision (b). This argument is without merit. Sexually explicit photographs of prepubescent and young adults are admissible to show intent to molest a child in violation
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of section 288. (People v. Memro (1995) 11 Cal.4th 786, 865 (Memro).)
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