What is the test for admitting evidence of a defendant's prior sexual abuse as propensity evidence in a sex crime case?

Evidence Code section 1108 authorizes a trial court to admit evidence of a defendant's prior sexual offenses as propensity evidence in a sex crime case when the evidence is not inadmissible under Evidence Code section 352. (Evid. Code, 1108, subd. (a).) When determining whether evidence of prior sex offenses is prejudicial under Evidence Code section 352, " 'trial judges must consider such factors as its nature, relevance, and possible remoteness, the degree of certainty of its commission and the likelihood of confusing, misleading, or distracting the jurors from their main inquiry, its similarity to the charged offense, its likely prejudicial impact on the jurors, the burden on the defendant in defending against the uncharged offense, and the availability of less prejudicial alternatives to its outright admission, such as admitting some but not all of the defendant's other sex offenses, or excluding irrelevant though inflammatory details surrounding the offense.' (People v. Falsetta [(1999) 21 Cal.4th 903,] 917.) The court's ruling under [Evidence Code] section 1108 is subject to review for abuse of discretion. (People v. Story [(2009) 45 Cal.4th 1282,] 1295.)" (People v. Loy (2011) 52 Cal.4th 46, 61.)

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