Cal. Codes » Evidence Code

Cal. Evidence Code § 1101

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(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.

Notes of Decisions
Cited in 1,669 cases (538 in the last 5 years), 1966–2026 · leading case: People v. Valdez
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People v. Valdez (2012) cal · cites it 10× “Evidence Code section 1101 With certain exceptions not relevant here, Evidence Code section 1101, subdivision (a), provides that ―evidence of a person‘s character‖ – whether in the form of an opinion, evidence of reputation, or evidence of specific instances of conduct – ―is…”
People v. Clark (2016) cal · cites it 4× “3, (2) Evidence Code section 1101, subdivision (a), and (3) Evidence Code section 352.”
People v. Bryant, Smith and Wheeler (2014) cal · cites it 6× “) Inferences drawn from the evidence must be logical and reasonable, not merely 22 Evidence Code section 1101, subdivision (a).”
People v. Leon (2015) cal · cites it 8× “(Evid. Code, § 1101, subd. (a).) Evidence that a person committed a crime, civil wrong, or other act may be admitted, however, not to prove a person‘s predisposition to commit such an act, but rather to prove some other material fact, such as that person‘s intent or identity.”
People v. Rogers (2013) cal · cites it 9× “(Evid. Code, § 1101, subd. (b).) The trial court ruled evidence of the Cribbs and Sutton murders admissible on that basis, but excluded evidence of the Price murder from the guilt phase.”
People v. Sánchez (2016) cal · cites it 4× “I don‘t think it matters that it wasn‘t the same one, but it is so unique that I think under all the case law that permits [evidence under Evidence Code section 1101] where it is material, there‘s no other rule that would not permit it, and under [Evidence Code section] 352 I…”
Martin Kipp v. Ron Davis (2020) ca9 · cites it 6× “In Kipp’s case, however, the state court only reviewed for abuse of discretion the trial court’s decision to admit the evidence under California Evidence Code sections 1101 and 352.”
The People v. Jones (2013) cal · cites it 4× “(Evid. Code, § 1101.) Because evidence of other crimes may be highly inflammatory, its admissibility should be scrutinized with great care.”
People v. Scott (2015) cal · cites it 4× “(Evid. Code, § 1101, subd. (b).) a. Factual and Procedural Background At trial, the prosecutor sought to admit evidence of the subsequent burglaries to prove Scott’s intent to steal when he entered Morris’s home and to show a common design or plan in the commission of all of the…”
People v. Beck (2019) cal · cites it 3× “Evidence Code section 1101, subdivision (a), provides that generally “evidence of a person’s character or a trait of his or her character .”
People v. Homick (2012) cal · cites it 4× “(Evid. Code, § 1101, subd. (a); People v. Falsetta (1999) 21 Cal.”
People v. Arias (1996) cal · cites it 5× “To the extent that Rodriguez, in her sworn testimony, denied or avoided admitting defendant had made this remark, her prior statement to Reed was materially inconsistent, and Reed's disclosure was therefore not subject to a hearsay objection. However, defendant makes a separate…”
Show all 1,669 citing cases →
— Cal. Evidence Code § 1101(a) — 20 cases
Martin Kipp v. Ron Davis (2020) ca9 “In Kipp’s case, however, the state court only reviewed for abuse of discretion the trial court’s decision to admit the evidence under California Evidence Code sections 1101 and 352.”
Doe v. Busby (2011) ca9
Stokes Ray CROTTS, Jr., Petitioner-Appellee, v. George SMITH, Warden, California Department of Corrections, Respondent-A (1996) ca9
Robert Frederick Garceau v. Jeanne Woodford, Acting Warden of San Quentin State Prison (2001) ca9
State v. Hester (1988) idaho
— Cal. Evidence Code § 1101(b) — 43 cases
People v. Leon (2015) cal “(Evid. Code, § 1101, subd. (a).) Evidence that a person committed a crime, civil wrong, or other act may be admitted, however, not to prove a person‘s predisposition to commit such an act, but rather to prove some other material fact, such as that person‘s intent or identity.”
Estelle v. McGuire (1991) scotus
Martin Kipp v. Ron Davis (2020) ca9 “In Kipp’s case, however, the state court only reviewed for abuse of discretion the trial court’s decision to admit the evidence under California Evidence Code sections 1101 and 352.”
People v. Rogers (2013) cal “(Evid. Code, § 1101, subd. (b).) The trial court ruled evidence of the Cribbs and Sutton murders admissible on that basis, but excluded evidence of the Price murder from the guilt phase.”
People v. Beck (2019) cal “Evidence Code section 1101, subdivision (a), provides that generally “evidence of a person’s character or a trait of his or her character .”
— Cal. Evidence Code § 1101(b)(1) — 1 case
Cripe v. Tuggle (2024) casd
— Cal. Evidence Code § 1101(c) — 1 case
Dickey v. Davis (2017) caed
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