2009 California Evidence Code - Section 1100-1109 :: Chapter 1. Evidence Of Character, Habit, Or Custom

EVIDENCE CODE
SECTION 1100-1109

1100.  Except as otherwise provided by statute, any otherwise
admissible evidence (including evidence in the form of an opinion,
evidence of reputation, and evidence of specific instances of such
person's conduct) is admissible to prove a person's character or a
trait of his character.

1101.  (a) Except as provided in this section and in Sections 1102,
1103, 1108, and 1109, evidence of a person's character or a trait of
his or her character (whether in the form of an opinion, evidence of
reputation, or evidence of specific instances of his or her conduct)
is inadmissible when offered to prove his or her conduct on a
specified occasion.
   (b) Nothing in this section prohibits the admission of evidence
that a person committed a crime, civil wrong, or other act when
relevant to prove some fact (such as motive, opportunity, intent,
preparation, plan, knowledge, identity, absence of mistake or
accident, or whether a defendant in a prosecution for an unlawful
sexual act or attempted unlawful sexual act did not reasonably and in
good faith believe that the victim consented) other than his or her
disposition to commit such an act.
   (c) Nothing in this section affects the admissibility of evidence
offered to support or attack the credibility of a witness.

1102.  In a criminal action, evidence of the defendant's character
or a trait of his character in the form of an opinion or evidence of
his reputation is not made inadmissible by Section 1101 if such
evidence is:
   (a) Offered by the defendant to prove his conduct in conformity
with such character or trait of character.
   (b) Offered by the prosecution to rebut evidence adduced by the
defendant under subdivision (a).

1103.  (a) In a criminal action, evidence of the character or a
trait of character (in the form of an opinion, evidence of
reputation, or evidence of specific instances of conduct) of the
victim of the crime for which the defendant is being prosecuted is
not made inadmissible by Section 1101 if the evidence is:
   (1) Offered by the defendant to prove conduct of the victim in
conformity with the character or trait of character.
   (2) Offered by the prosecution to rebut evidence adduced by the
defendant under paragraph (1).
   (b) In a criminal action, evidence of the defendant's character
for violence or trait of character for violence (in the form of an
opinion, evidence of reputation, or evidence of specific instances of
conduct) is not made inadmissible by Section 1101 if the evidence is
offered by the prosecution to prove conduct of the defendant in
conformity with the character or trait of character and is offered
after evidence that the victim had a character for violence or a
trait of character tending to show violence has been adduced by the
defendant under paragraph (1) of subdivision (a).
   (c) (1) Notwithstanding any other provision of this code to the
contrary, and except as provided in this subdivision, in any
prosecution under Section 261, 262, or 264.1 of the Penal Code, or
under Section 286, 288a, or 289 of the Penal Code, or for assault
with intent to commit, attempt to commit, or conspiracy to commit a
crime defined in any of those sections, except where the crime is
alleged to have occurred in a local detention facility, as defined in
Section 6031.4, or in a state prison, as defined in Section 4504,
opinion evidence, reputation evidence, and evidence of specific
instances of the complaining witness' sexual conduct, or any of that
evidence, is not admissible by the defendant in order to prove
consent by the complaining witness.
   (2) Notwithstanding paragraph (3), evidence of the manner in which
the victim was dressed at the time of the commission of the offense
shall not be admissible when offered by either party on the issue of
consent in any prosecution for an offense specified in paragraph (1),
unless the evidence is determined by the court to be relevant and
admissible in the interests of justice. The proponent of the evidence
shall make an offer of proof outside the hearing of the jury. The
court shall then make its determination and at that time, state the
reasons for its ruling on the record. For the purposes of this
paragraph, "manner of dress" does not include the condition of the
victim's clothing before, during, or after the commission of the
offense.
   (3) Paragraph (1) shall not be applicable to evidence of the
complaining witness' sexual conduct with the defendant.
   (4) If the prosecutor introduces evidence, including testimony of
a witness, or the complaining witness as a witness gives testimony,
and that evidence or testimony relates to the complaining witness'
sexual conduct, the defendant may cross-examine the witness who gives
the testimony and offer relevant evidence limited specifically to
the rebuttal of the evidence introduced by the prosecutor or given by
the complaining witness.
   (5) Nothing in this subdivision shall be construed to make
inadmissible any evidence offered to attack the credibility of the
complaining witness as provided in Section 782.
   (6) As used in this section, "complaining witness" means the
alleged victim of the crime charged, the prosecution of which is
subject to this subdivision.

1104.  Except as provided in Sections 1102 and 1103, evidence of a
trait of a person's character with respect to care or skill is
inadmissible to prove the quality of his conduct on a specified
occasion.

1105.  Any otherwise admissible evidence of habit or custom is
admissible to prove conduct on a specified occasion in conformity
with the habit or custom.

1106.  (a) In any civil action alleging conduct which constitutes
sexual harassment, sexual assault, or sexual battery, opinion
evidence, reputation evidence, and evidence of specific instances of
plaintiff's sexual conduct, or any of such evidence, is not
admissible by the defendant in order to prove consent by the
plaintiff or the absence of injury to the plaintiff, unless the
injury alleged by the plaintiff is in the nature of loss of
consortium.
   (b) Subdivision (a) shall not be applicable to evidence of the
plaintiff's sexual conduct with the alleged perpetrator.
   (c)  If the plaintiff introduces evidence, including testimony of
a witness, or the plaintiff as a witness gives testimony, and the
evidence or testimony relates to the plaintiff's sexual conduct, the
defendant may cross-examine the witness who gives the testimony and
offer relevant evidence limited specifically to the rebuttal of the
evidence introduced by the plaintiff or given by the plaintiff.
   (d)  Nothing in this section shall be construed to make
inadmissible any evidence offered to attack the credibility of the
plaintiff as provided in Section 783.

1107.  (a) In a criminal action, expert testimony is admissible by
either the prosecution or the defense regarding intimate partner
battering and its effects, including the nature and effect of
physical, emotional, or mental abuse on the beliefs, perceptions, or
behavior of victims of domestic violence, except when offered against
a criminal defendant to prove the occurrence of the act or acts of
abuse which form the basis of the criminal charge.
   (b) The foundation shall be sufficient for admission of this
expert testimony if the proponent of the evidence establishes its
relevancy and the proper qualifications of the expert witness. Expert
opinion testimony on intimate partner battering and its effects
shall not be considered a new scientific technique whose reliability
is unproven.
   (c) For purposes of this section, "abuse" is defined in Section
6203 of the Family Code, and "domestic violence" is defined in
Section 6211 of the Family Code and may include acts defined in
Section 242, subdivision (e) of Section 243, Section 262, 273.5,
273.6, 422, or 653m of the Penal Code.
   (d) This section is intended as a rule of evidence only and no
substantive change affecting the Penal Code is intended.
   (e) This section shall be known, and may be cited, as the Expert
Witness Testimony on Intimate Partner Battering and Its Effects
Section of the Evidence Code.
   (f) The changes in this section that become effective on January
1, 2005, are not intended to impact any existing decisional law
regarding this section, and that decisional law should apply equally
to this section as it refers to "intimate partner battering and its
effects" in place of "battered women's syndrome."

1108.  (a) 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.
   (b) In an action in which evidence is to be offered under this
section, the people shall disclose the evidence to the defendant,
including statements of witnesses or a summary of the substance of
any testimony that is expected to be offered in compliance with the
provisions of Section 1054.7 of the Penal Code.
   (c) This section shall not be construed to limit the admission or
consideration of evidence under any other section of this code.
   (d) As used in this section, the following definitions shall
apply:
   (1) "Sexual offense" means a crime under the law of a state or of
the United States that involved any of the following:
   (A) Any conduct proscribed by Section 243.4, 261, 261.5, 262,
264.1, 266c, 269, 286, 288, 288a, 288.2, 288.5, or 289, or
subdivision (b), (c), or (d) of Section 311.2 or Section 311.3,
311.4, 311.10, 311.11, 314, or 647.6, of the Penal Code.
   (B) Any conduct proscribed by Section 220 of the Penal Code,
except assault with intent to commit mayhem.
   (C) Contact, without consent, between any part of the defendant's
body or an object and the genitals or anus of another person.
   (D) Contact, without consent, between the genitals or anus of the
defendant and any part of another person's body.
   (E) Deriving sexual pleasure or gratification from the infliction
of death, bodily injury, or physical pain on another person.
   (F) An attempt or conspiracy to engage in conduct described in
this paragraph.
   (2) "Consent" shall have the same meaning as provided in Section
261.6 of the Penal Code, except that it does not include consent
which is legally ineffective because of the age, mental disorder, or
developmental or physical disability of the victim.

1109.  (a) (1) Except as provided in subdivision (e) or (f), in a
criminal action in which the defendant is accused of an offense
involving domestic violence, evidence of the defendant's commission
of other domestic violence is not made inadmissible by Section 1101
if the evidence is not inadmissible pursuant to Section 352.
   (2) Except as provided in subdivision (e) or (f), in a criminal
action in which the defendant is accused of an offense involving
abuse of an elder or dependent person, evidence of the defendant's
commission of other abuse of an elder or dependent person is not made
inadmissible by Section 1101 if the evidence is not inadmissible
pursuant to Section 352.
   (3) Except as provided in subdivision (e) or (f) and subject to a
hearing conducted pursuant to Section 352, which shall include
consideration of any corroboration and remoteness in time, in a
criminal action in which the defendant is accused of an offense
involving child abuse, evidence of the defendant's commission of
child abuse is not made inadmissible by Section 1101 if the evidence
is not inadmissible pursuant to Section 352. Nothing in this
paragraph prohibits or limits the admission of evidence pursuant to
subdivision (b) of Section 1101.
   (b) In an action in which evidence is to be offered under this
section, the people shall disclose the evidence to the defendant,
including statements of witnesses or a summary of the substance of
any testimony that is expected to be offered, in compliance with the
provisions of Section 1054.7 of the Penal Code.
   (c) This section shall not be construed to limit or preclude the
admission or consideration of evidence under any other statute or
case law.
   (d) As used in this section:
   (1) "Abuse of an elder or dependent person" means physical or
sexual abuse, neglect, financial abuse, abandonment, isolation,
abduction, or other treatment that results in physical harm, pain, or
mental suffering, the deprivation of care by a caregiver, or other
deprivation by a custodian or provider of goods or services that are
necessary to avoid physical harm or mental suffering.
   (2) "Child abuse" means an act proscribed by Section 273d of the
Penal Code.
   (3) "Domestic violence" has the meaning set forth in Section 13700
of the Penal Code. Subject to a hearing conducted pursuant to
Section 352, which shall include consideration of any corroboration
and remoteness in time, "domestic violence" has the further meaning
as set forth in Section 6211 of the Family Code, if the act occurred
no more than five years before the charged offense.
   (e) Evidence of acts occurring more than 10 years before the
charged offense is inadmissible under this section, unless the court
determines that the admission of this evidence is in the interest of
justice.
   (f) Evidence of the findings and determinations of administrative
agencies regulating the conduct of health facilities licensed under
Section 1250 of the Health and Safety Code is inadmissible under this
section.


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