Cal. Codes » Evidence Code

Cal. Evidence Code § 1108

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(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.

Notes of Decisions
Cited in 530 cases (210 in the last 5 years), 1974–2026 · leading case: People v. Earle
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People v. Earle (2009) calctapp · cites it 16× “) Evidence Code section 1108 creates an exception to this rule, though again the point is expressed rather obliquely: "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…”
People v. Donoho (2003) ill · cites it 7× “404(c); Cal. Evid. Code § 1108 (West 2002); Tex. Crim.”
People v. Merriman (2014) cal · cites it 5× “This is because the sexual assaults evidence would have been cross-admissible pursuant to Evidence Code section 1108 to show defendant’s propensity to commit the rape and forcible oral copulation upon which both the murder charge and the special circumstance allegations were…”
People v. Lewis (2009) cal · cites it 5× “(b)) and to demonstrate defendant’s propensity to commit sexual assaults (Evid. Code, § 1108), thereby establishing that he raped and murdered the victim.”
People v. Miramontes (2010) calctapp · cites it 7× “The court found that adding those two witnesses would not create an unduly lengthy proceeding, and under California Supreme Court cases, Evidence Code section 1108 did not violate federal due process guarantees.”
People v. Rhoades (2019) cal · cites it 3× “) The second, Evidence Code section 352, sets out the general rule that “[t]he court in its discretion may exclude evidence if its probative value is substantially outweighed by the probability that its admission will (a) necessitate undue consumption of time or (b) create…”
People v. Daniels (2009) calctapp · cites it 6× “Analysis (1) Evidence Code section 1108 permits the admission of evidence of a defendant's commission of an uncharged sexual offense to prove disposition in a current sex offense prosecution.”
People v. Robertson (2012) calctapp · cites it 3× “) Evidence Code section 1108, subdivision (a) provides: “In a criminal action in which the defendant is accused of a sexual *990 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…”
Hebner v. McGrath (2008) ca9 · cites it 4× “The court admitted Penelope’s testimony under California Evidence Code § 1108 1 as proof of the defendant’s “propensity” to commit sexual offenses and under California Evidence Code § 1101(b) 2 as proof of intent and common plan.”
State v. DeJesus (2008) conn · cites it 2× “§ 404(c) (West 2007); Cal. Evid.Code § 1108 (Deering 2004); 725 Ill.”
People v. Falsetta (1999) cal · cites it 2× “In this case we resolve a due process challenge to legislation (Evid.Code, § 1108) [1] permitting the admission, in a sex offense case, of the defendant's other sex crimes for the purpose of showing a propensity to commit such crimes.”
People v. Daveggio & Michaud (2018) cal “" ( § 1108, subd. (a) ; see also § 1101(a) ["Except as provided in .”
Show all 530 citing cases →
— Cal. Evidence Code § 1108(a) — 12 cases
Hebner v. McGrath (2008) ca9 “The court admitted Penelope’s testimony under California Evidence Code § 1108 1 as proof of the defendant’s “propensity” to commit sexual offenses and under California Evidence Code § 1101(b) 2 as proof of intent and common plan.”
Schroeder v. Tilton (2007) ca9
ROETTGEN v. Ryan (2009) cacd
Ray v. Kernan (2009) cand
Rogers v. Giurbino (2007) casd
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