Does Section 1108, subdivision (a) of the California Criminal Code, section 352, make evidence of uncharged sexual misconduct in a sexual assault case admissible?

California, United States of America


The following excerpt is from People v. Williams, B255785 (Cal. App. 2016):

Section 1108, subdivision (a) provides: "In a criminal action in which the defendant is accused of a sexual offense, evidence of the defendant's commission of another sexual offense or offenses is not made inadmissible by Section 1101, if the evidence is not inadmissible pursuant to Section 352." Section 1108 thus makes admissible evidence of a defendant's uncharged sexual misconduct so long as the probative value of the evidence is not "substantially outweighed by the probability that its admission will . . . create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury." ( 352, 1108, subd. (a); People v. Hollie (2010) 180 Cal.App.4th 1262, 1274.)

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