Can evidence of sexual intent be admitted in a sexual assault case?

California, United States of America


The following excerpt is from People v. Hutchins, A141037 (Cal. App. 2016):

Evidence Code section 1101, subdivision (a), prohibits introduction of "evidence of a general character for good or bad conduct, or a predisposition or propensity to engage in conduct of a particular kind, to show conduct on a particular occasion." But, Evidence Code section 1101, subdivision (b) "creates an exception to subdivision (a): evidence of conduct may be admitted to prove motive or intent, although it may not be admitted to show a disposition to do the type of conduct shown by the evidence." (People v. Memro (1995) 11 Cal.4th 786, 864 (Memro).) Memro upheld admission of evidence that the defendant possessed magazines and photographs depicting naked prepubescent males to prove that he intended to perform a lewd or lascivious act on a seven-year old boy. Memro held:

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