2022 Georgia Code
Title 24 - Evidence
Chapter 4 - Relevant Evidence and Its Limits
§ 24-4-405. Methods of Proving Character

Universal Citation: GA Code § 24-4-405 (2022)
  1. In all proceedings in which evidence of character or a trait of character of a person is admissible, proof shall be made by testimony as to reputation or by testimony in the form of an opinion.
  2. In proceedings in which character or a trait of character of a person is an essential element of a charge, claim, or defense or when an accused testifies to his or her own character, proof may also be made of specific instances of that person’s conduct. The character of the accused, including specific instances of the accused’s conduct, shall also be admissible in a presentencing hearing subject to the provisions of Code Section 17-10-2.
  3. On cross-examination, inquiry shall be allowable into relevant specific instances of conduct.

History. Code 1981, § 24-4-405 , enacted by Ga. L. 2011, p. 99, § 2/HB 24.

Cross references.

Methods of proving character, Fed. R. Evid. 405.

Editor’s notes.

In light of the reenactment of this Title, effective January 1, 2013, the reader is advised to consult the annotations following Code Section 24-4-404, for cases discussing character and specific instances of previous conduct; Code Section 24-4-412, for cases discussing the complainant’s character in sexual assault cases; Code Section 24-4-413, for cases discussing sexual assault; Code Section 24-4-414, for cases discussing child molestation; and Code Section 24-4-417, for cases discussing driving under the influence.

Law reviews.

For annual survey on evidence, see 65 Mercer L. Rev. 125 (2013).

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