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Cal. Evidence Code § 1102 (2026)

✓ current as of May 2026
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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).

Notes of Decisions
Cited in 88 cases (26 in the last 5 years), 1968–2026 · leading case: People v. Doolin, 198 P.3d 11 (Cal. 2009).
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People v. Doolin, 198 P.3d 11 (Cal. 2009). · cites it 2× “Evidence Code section 1102, subdivision (a), provides that opinion “evidence of the defendant’s character or a trait of his character” is admissible “to prove his conduct in conformity with such character or trait of character.”
People v. Guerra, 129 P.3d 321 (Cal. 2006). · cites it 2× “The trial court refused to hear Dr La Calle's testimony and stated the evidence would be admissible only if he was "100 percent certain" that defendant would not commit a violent act under any circumstances.”
Goodwin R. Brodit v. Steven J. Cambra, Jr., Warden, 350 F.3d 985 (9th Cir. 2003). · cites it 2× “(citing Cal. Evid.Code § 1102(b) and Stoll , 265 Cal.”
People v. McAlpin, 812 P.2d 563 (Cal. 1991). · cites it 2× “) Thus, as this comment makes clear, Evidence Code section 1102 specifically authorizes a defendant to establish his character through either reputation evidence or opinion evidence, and the opinion evidence which the comment specifically commends as the "most reliable form of…”
People v. Tuggles, 179 Cal. App. 4th 339 (Cal. Ct. App. 2009). · cites it 2× “” (Evid. Code, § 1102, subd. (a).) However, “[w]hen a criminal defendant presents opinion or reputation evidence on his own behalf the prosecutor may present like evidence to rebut the defendant’s evidence and show a likelihood of guilt.”
People v. Stoll, 783 P.2d 698 (Cal. 1989). · cites it 2× “Outside the jury's presence, Grafton's counsel explained that, based upon professional experience, interviews, and the administration of certain psychological tests, Dr. Mitchell would give an expert opinion as to whether Grafton possesses any "pathology" in the nature of…”
People v. Hall, 232 Cal. Rptr. 3d 865 (Cal. Ct. App. 5th 2018). · cites it 3× “In general, evidence of a defendant's character or a trait of his character-that is, his propensity or disposition to engage in a certain type of conduct-is not admissible to prove his conduct on a specific occasion.”
Belmontes v. Ayers, 529 F.3d 834 (9th Cir. 2008). · cites it 2× “See Cal. Evid. Code § 1102 (b) (permitting the prosecution to use character evidence, including prior bad acts, "to rebut evidence adduced by the defendant").”
People v. King, 183 Cal. App. 4th 1281 (Cal. Ct. App. 2010). “In addition, if King called other character witnesses to testify that, based on their knowledge of King, the prosecutor’s version of what happened with Nicole was not likely to have happened, the prosecution may have been permitted to confront them with the evidence of the…”
The People v. Fernandez, 216 Cal. App. 4th 540 (Cal. Ct. App. 2013). “1153 ; Evid. Code, § 1102, subd. (a).) In Stoll , a child molestation case, the California Supreme Court held that the trial court erroneously excluded a psychiatrist’s opinion that the defendant had a “ ‘normal personality function,’ ” that the defendant had not previously…”
People v. Von Villas, 92 Cal. Daily Op. Serv. 8558 (Cal. Ct. App. 1992). · cites it 2× “Discussion Von Villas claims that admission of these statements constitutes admission of character evidence in violation of Evidence Code section 1102 *262 because the statements were submitted to the jury during the prosecution case-in-chief, and not by the prosecution to rebut…”
People v. Lopez, 29 Cal. Rptr. 3d 586 (Cal. Ct. App. 2005). “(Evid.Code, § 1102, subd. (b).) Character evidence includes opinions, reputation, and specific instances of the person's conduct.”
Show all 88 citing cases →
— Cal. Evidence Code § 1102(b) — 2 cases
Goodwin R. Brodit v. Steven J. Cambra, Jr., Warden, 350 F.3d 985 (9th Cir. 2003). “(citing Cal. Evid.Code § 1102(b) and Stoll , 265 Cal.”
Belmontes v. Ayers, 551 F.3d 864 (9th Cir. 2008).
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