§ 1108 Sexual Offense Evidence Admissibility

Key Takeaways

•If someone is accused of a sexual crime, the court can hear about other sexual crimes they might have done before.
•The prosecutor must tell the defendant about any past sexual crimes they plan to bring up in court.
•This rule doesn't stop other evidence from being used in court.
•Sexual crimes include things like touching someone without their permission, rape, or hurting someone for sexual pleasure.

Example

A man is on trial for rape. The prosecutor wants to tell the jury that the man was accused of touching someone without their permission a few years ago.

The court can allow this information to be shared with the jury because it's about another sexual crime. The prosecutor must tell the defendant about this past accusation before the trial.

(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 requirements of Section 1054.7 of the Penal Code. (c) This section does not 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 subdivision (b) or (c) of Section 236.1, Section 243.4, 261, 261.5, 262, 264.1, 266c, 269, 286, 287, 288, 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, or former Section 288a 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. (Amended by Stats. 2018, Ch. 423, Sec. 22. (SB 1494) Effective January 1, 2019.)

Key Takeaways

•If someone is accused of a sexual crime, the court can hear about other sexual crimes they might have done before.
•The prosecutor must tell the defendant about any past sexual crimes they plan to bring up in court.
•This rule doesn't stop other evidence from being used in court.
•Sexual crimes include things like touching someone without their permission, rape, or hurting someone for sexual pleasure.

Example

A man is on trial for rape. The prosecutor wants to tell the jury that the man was accused of touching someone without their permission a few years ago.

The court can allow this information to be shared with the jury because it's about another sexual crime. The prosecutor must tell the defendant about this past accusation before the trial.

Key Takeaways

Example

Key Terms

References

§ 1108 Sexual Offense Evidence Admissibility

Key Takeaways

Example

Key Terms

References

Key Takeaways

Example

Key Terms

Related Statutes

References

Key Takeaways

Example

Key Terms

Related Statutes

References