Is evidence of uncharged sexual conduct admissible to prove a defendant has a criminal disposition or propensity?

California, United States of America


The following excerpt is from People v. Walker, C077073 (Cal. App. 2019):

In general, evidence of a defendant's uncharged conduct is not admissible to prove that the defendant has a criminal disposition or propensity. (Evid. Code, 1101, subd. (a); People v. Kipp (1998) 18 Cal.4th 349, 369.) But Evidence Code section 1108 provides that when a defendant is charged with a sexual offense, evidence of the defendant's other sexual offenses is not made inadmissible by Evidence Code section 1101 if the evidence is not inadmissible under Evidence Code section 352.

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