Does section 1101, subdivision (b) of the California Criminal Code allow for the introduction of an uncharged act for the purpose of establishing intent and motive?
California, United States of America
The following excerpt is from People v. Rush, C071378 (Cal. App. 2017):
352 concern)."11 (People v. Hendrix (2013) 214 Cal.App.4th 216, 238.) Section 1101, subdivision (b), expressly allows the introduction of uncharged acts for the non-character purposes of establishing intent and motive, both of which are material facts. Here, the intent required for the charges is "the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of [the defendant] or the child." ( 288, subd. (a).)
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