Section § 1100

Explanation

This law says that, in general, evidence that is relevant and allowed by law can be used to show what kind of person someone is or to highlight a specific characteristic of theirs. This includes opinions about the person, what others say about their reputation, or specific actions they've taken. However, there may be other laws that provide exceptions to this rule.

Except as otherwise provided by statute, any otherwise admissible evidence (including evidence in the form of an opinion, evidence of reputation, and evidence of specific instances of such person’s conduct) is admissible to prove a person’s character or a trait of his character.

Section § 1101

Explanation

This law section in California Evidence Code generally prevents using someone's character or personality traits to argue that they behaved a certain way on a specific occasion. However, it allows such evidence if it's relevant to prove something else, like motive, opportunity, or intent, rather than just showing the person's tendency to act in a certain way. Additionally, evidence can still be used to assess the credibility of a witness.

(a)CA Evidence Code § 1101(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)CA Evidence Code § 1101(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)CA Evidence Code § 1101(c) Nothing in this section affects the admissibility of evidence offered to support or attack the credibility of a witness.

Section § 1102

Explanation

This law explains when evidence about a person's character can be used in a criminal case. It says that a defendant can present evidence about their own character to show that their behavior matches that character trait. However, if they do this, the prosecutor is then allowed to provide evidence to challenge or counter the defendant's claim about their character.

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)CA Evidence Code § 1102(a) Offered by the defendant to prove his conduct in conformity with such character or trait of character.
(b)CA Evidence Code § 1102(b) Offered by the prosecution to rebut evidence adduced by the defendant under subdivision (a).

Section § 1103

Explanation

This law deals with the admissibility of character evidence in criminal cases. First, it allows the defense to present evidence about a victim's character traits, but only to show that the victim acted in line with those traits, and the prosecution can counter these claims. Second, if the defense brings up evidence of the victim's violent character, the prosecution can introduce evidence of the defendant's violent character.

In sexual offense cases, the law restricts what evidence about the victim's past sexual conduct can be used by the defense to argue consent, except for conduct involving the defendant. Clothing can't be used as evidence of consent, and the defense can only address sexual conduct if the prosecutor opens that line of evidence. Finally, evidence can be introduced to question the victim's credibility, adhering to specific rules.

(a)CA Evidence Code § 1103(a) In a criminal action, evidence of the character or a trait of character (in the form of an opinion, evidence of reputation, or evidence of specific instances of conduct) of the victim of the crime for which the defendant is being prosecuted is not made inadmissible by Section 1101 if the evidence is:
(1)CA Evidence Code § 1103(a)(1) Offered by the defendant to prove conduct of the victim in conformity with the character or trait of character.
(2)CA Evidence Code § 1103(a)(2) Offered by the prosecution to rebut evidence adduced by the defendant under paragraph (1).
(b)CA Evidence Code § 1103(b) In a criminal action, evidence of the defendant’s character for violence or trait of character for violence (in the form of an opinion, evidence of reputation, or evidence of specific instances of conduct) is not made inadmissible by Section 1101 if the evidence is offered by the prosecution to prove conduct of the defendant in conformity with the character or trait of character and is offered after evidence that the victim had a character for violence or a trait of character tending to show violence has been adduced by the defendant under paragraph (1) of subdivision (a).
(c)Copy CA Evidence Code § 1103(c)
(1)Copy CA Evidence Code § 1103(c)(1) Notwithstanding any other provision of this code to the contrary, and except as provided in this subdivision, in any prosecution under Section 261 or 264.1 of the Penal Code, or under Section 286, 287, or 289 of, or former Section 262 or 288a of, the Penal Code, or for assault with intent to commit, attempt to commit, or conspiracy to commit a crime defined in any of those sections, except where the crime is alleged to have occurred in a local detention facility, as defined in Section 6031.4, or in a state prison, as defined in Section 4504, opinion evidence, reputation evidence, and evidence of specific instances of the complaining witness’ sexual conduct, or any of that evidence, is not admissible by the defendant in order to prove consent by the complaining witness.
(2)CA Evidence Code § 1103(c)(2) Notwithstanding paragraph (3), evidence of the manner in which the victim was dressed at the time of the commission of the offense is not admissible when offered by either party on the issue of consent in any prosecution for an offense specified in paragraph (1). For the purposes of this paragraph, “manner of dress” does not include the condition of the victim’s clothing before, during, or after the commission of the offense.
(3)CA Evidence Code § 1103(c)(3) Paragraph (1) does not apply to evidence of the complaining witness’ sexual conduct with the defendant.
(4)CA Evidence Code § 1103(c)(4) If the prosecutor introduces evidence, including testimony of a witness, or the complaining witness as a witness gives testimony, and that evidence or testimony relates to the complaining witness’ sexual conduct, the defendant may cross-examine the witness who gives the testimony and offer relevant evidence limited specifically to the rebuttal of the evidence introduced by the prosecutor or given by the complaining witness.
(5)CA Evidence Code § 1103(c)(5) This subdivision does not make inadmissible any evidence offered to attack the credibility of the complaining witness as provided in Section 782.
(6)CA Evidence Code § 1103(c)(6) As used in this subdivision, “complaining witness” means the alleged victim of the crime charged, the prosecution of which is subject to this subdivision.

Section § 1104

Explanation

In general, you can't use someone's character trait to show how carefully or skillfully they acted in a specific situation, unless there are exceptions in other sections.

Except as provided in Sections 1102 and 1103, evidence of a trait of a person’s character with respect to care or skill is inadmissible to prove the quality of his conduct on a specified occasion.

Section § 1105

Explanation

This law allows you to use evidence of someone's regular habits or routines to show that they acted in the same way during a specific event.

Any otherwise admissible evidence of habit or custom is admissible to prove conduct on a specified occasion in conformity with the habit or custom.

Section § 1106

Explanation

This law is about what kind of evidence can be used in civil cases related to sexual harassment, assault, or battery. Generally, defendants can't use evidence about a plaintiff's past sexual behavior to prove that the plaintiff consented, wasn't hurt, or to question their honesty. This doesn't apply if the evidence involves the alleged perpetrator or if the plaintiff introduces such evidence first, allowing defendants to respond to it. Special rules apply to cases involving minors, where evidence about their sexual conduct with adults can't be used to argue consent or lack of injury. Evidence is still allowed to question the plaintiff's credibility on topics not related to consent or injury.

(a)CA Evidence Code § 1106(a) In any civil action alleging conduct which constitutes sexual harassment, sexual assault, or sexual battery, opinion evidence, reputation evidence, and evidence of specific instances of the plaintiff’s sexual conduct, or any of that evidence, is not admissible by the defendant in order to:
(1)CA Evidence Code § 1106(a)(1) Prove consent by the plaintiff.
(2)CA Evidence Code § 1106(a)(2) Prove absence of injury suffered by the plaintiff, unless the injury alleged by the plaintiff is in the nature of loss of consortium.
(3)CA Evidence Code § 1106(a)(3) Attack the credibility of the plaintiff’s testimony on consent or the absence of injury suffered by the plaintiff.
(b)CA Evidence Code § 1106(b) Subdivision (a) does not apply to evidence of the plaintiff’s sexual conduct with the alleged perpetrator.
(c)CA Evidence Code § 1106(c) Notwithstanding subdivision (b), in any civil action brought pursuant to Section 1708.5 of the Civil Code involving a minor and an adult as described in Section 1708.5.5 of the Civil Code, evidence of the plaintiff minor’s sexual conduct with the defendant adult shall not be admissible to prove consent by the plaintiff or the absence of injury to the plaintiff.
(d)CA Evidence Code § 1106(d) If the plaintiff introduces evidence, including testimony of a witness, or the plaintiff as a witness gives testimony, and the evidence or testimony relates to the plaintiff’s sexual conduct, the defendant may cross-examine the witness who gives the testimony and offer relevant evidence limited specifically to the rebuttal of the evidence introduced by the plaintiff or given by the plaintiff.
(e)CA Evidence Code § 1106(e) This section shall not be construed to make inadmissible any evidence offered to attack the credibility of the plaintiff’s testimony as to something other than consent or absence of injury as provided in Section 783.

Section § 1107

Explanation

This law allows expert witnesses to testify in criminal cases about how intimate partner battering, which includes physical, emotional, or mental abuse, affects victims' thoughts and actions. However, this testimony cannot be used to prove the defendant committed the abuse. For such testimony to be admitted, it must be relevant, and the expert must be properly qualified. This type of testimony doesn't require proof of being a new scientific method.

The terms 'abuse' and 'domestic violence' are defined by other laws, and this section doesn’t change any existing penalties or legal doctrines. The section used to refer to 'battered women’s syndrome' but now uses the broader term 'intimate partner battering and its effects.' This change, effective from 2005, shouldn't affect earlier legal decisions regarding this type of testimony.

(a)CA Evidence Code § 1107(a) In a criminal action, expert testimony is admissible by either the prosecution or the defense regarding intimate partner battering and its effects, including the nature and effect of physical, emotional, or mental abuse on the beliefs, perceptions, or behavior of victims of domestic violence, except when offered against a criminal defendant to prove the occurrence of the act or acts of abuse which form the basis of the criminal charge.
(b)CA Evidence Code § 1107(b) The foundation shall be sufficient for admission of this expert testimony if the proponent of the evidence establishes its relevancy and the proper qualifications of the expert witness. Expert opinion testimony on intimate partner battering and its effects shall not be considered a new scientific technique whose reliability is unproven.
(c)CA Evidence Code § 1107(c) For purposes of this section, “abuse” is defined in Section 6203 of the Family Code, and “domestic violence” is defined in Section 6211 of the Family Code and may include acts defined in Section 242, subdivision (e) of Section 243, Section 261, 273.5, 273.6, 422, or 653m of, or former Section 262 of, the Penal Code.
(d)CA Evidence Code § 1107(d) This section is intended as a rule of evidence only and no substantive change affecting the Penal Code is intended.
(e)CA Evidence Code § 1107(e) This section shall be known, and may be cited, as the Expert Witness Testimony on Intimate Partner Battering and Its Effects Section of the Evidence Code.
(f)CA Evidence Code § 1107(f) The changes in this section that become effective on January 1, 2005, are not intended to impact any existing decisional law regarding this section, and that decisional law should apply equally to this section as it refers to “intimate partner battering and its effects” in place of “battered women’s syndrome.”

Section § 1107.5

Explanation

This law says that in a criminal case, both the prosecution and defense can bring in expert witnesses to talk about how human trafficking affects victims. This includes the impact of different types of abuse on victims' thoughts and actions. The person offering this expert testimony must show that it's relevant and that the expert is qualified. Human trafficking victims are specifically defined based on another section of the Penal Code. This is simply a rule about evidence and doesn't change any penalties or crimes in the Penal Code.

(a)CA Evidence Code § 1107.5(a) In a criminal action, expert testimony is admissible by either the prosecution or the defense regarding the effects of human trafficking on human trafficking victims, including the nature and effect of physical, emotional, or mental abuse on the beliefs, perceptions, or behavior of human trafficking victims.
(b)CA Evidence Code § 1107.5(b) The foundation shall be sufficient for admission of this expert testimony if the proponent of the evidence establishes its relevancy and the proper qualifications of the expert witness.
(c)CA Evidence Code § 1107.5(c) For purposes of this section, “human trafficking victim” is defined as a victim of an offense described in Section 236.1 of the Penal Code.
(d)CA Evidence Code § 1107.5(d) This section is intended as a rule of evidence only and no substantive change affecting the Penal Code is intended.

Section § 1108

Explanation

This California law allows evidence of a defendant's other sexual offenses to be used in a trial, provided it meets certain criteria. It doesn't exclude such evidence just because of a different rule, as long as it's not unfairly prejudicial. Prosecutors must share this evidence with the defense, including witness statements or expected testimony. The law defines sexual offenses broadly, including non-consensual contact or attempts thereof, and it specifies conditions where the victim's consent isn't valid.

(a)CA Evidence Code § 1108(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)CA Evidence Code § 1108(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)CA Evidence Code § 1108(c) This section does not limit the admission or consideration of evidence under any other section of this code.
(d)CA Evidence Code § 1108(d) As used in this section, the following definitions shall apply:
(1)CA Evidence Code § 1108(d)(1) “Sexual offense” means a crime under the law of a state or of the United States that involved any of the following:
(A)CA Evidence Code § 1108(d)(1)(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)CA Evidence Code § 1108(d)(1)(B) Any conduct proscribed by Section 220 of the Penal Code, except assault with intent to commit mayhem.
(C)CA Evidence Code § 1108(d)(1)(C) Contact, without consent, between any part of the defendant’s body or an object and the genitals or anus of another person.
(D)CA Evidence Code § 1108(d)(1)(D) Contact, without consent, between the genitals or anus of the defendant and any part of another person’s body.
(E)CA Evidence Code § 1108(d)(1)(E) Deriving sexual pleasure or gratification from the infliction of death, bodily injury, or physical pain on another person.
(F)CA Evidence Code § 1108(d)(1)(F) An attempt or conspiracy to engage in conduct described in this paragraph.
(2)CA Evidence Code § 1108(d)(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.

Section § 1109

Explanation

In cases where someone is charged with domestic violence, elder abuse, or child abuse, prior similar actions by the defendant can be used as evidence to support the case. However, this is only allowed if such evidence is not excluded by other rules, specifically Section 352, which considers factors like the evidence being too old or not sufficiently proven.

For this evidence to be used, prosecutors must share it with the defense beforehand, including any expected witness testimonies. The law ensures that evidence from more than ten years ago is mostly inadmissible unless it serves justice, and findings from health facility inspections are not allowed. Definitions for abuse of elders and domestic violence help clarify what counts under these terms.

(a)Copy CA Evidence Code § 1109(a)
(1)Copy CA Evidence Code § 1109(a)(1) Except as provided in subdivision (e) or (f), in a criminal action in which the defendant is accused of an offense involving domestic violence, evidence of the defendant’s commission of other domestic violence is not made inadmissible by Section 1101 if the evidence is not inadmissible pursuant to Section 352.
(2)CA Evidence Code § 1109(a)(2) Except as provided in subdivision (e) or (f), in a criminal action in which the defendant is accused of an offense involving abuse of an elder or dependent person, evidence of the defendant’s commission of other abuse of an elder or dependent person is not made inadmissible by Section 1101 if the evidence is not inadmissible pursuant to Section 352.
(3)CA Evidence Code § 1109(a)(3) Except as provided in subdivision (e) or (f) and subject to a hearing conducted pursuant to Section 352, which shall include consideration of any corroboration and remoteness in time, in a criminal action in which the defendant is accused of an offense involving child abuse, evidence of the defendant’s commission of child abuse is not made inadmissible by Section 1101 if the evidence is not inadmissible pursuant to Section 352. Nothing in this paragraph prohibits or limits the admission of evidence pursuant to subdivision (b) of Section 1101.
(b)CA Evidence Code § 1109(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 provisions of Section 1054.7 of the Penal Code.
(c)CA Evidence Code § 1109(c) This section shall not be construed to limit or preclude the admission or consideration of evidence under any other statute or case law.
(d)CA Evidence Code § 1109(d) As used in this section:
(1)CA Evidence Code § 1109(d)(1) “Abuse of an elder or dependent person” means physical or sexual abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment that results in physical harm, pain, or mental suffering, the deprivation of care by a caregiver, or other deprivation by a custodian or provider of goods or services that are necessary to avoid physical harm or mental suffering.
(2)CA Evidence Code § 1109(d)(2) “Child abuse” means an act proscribed by Section 273d of the Penal Code.
(3)CA Evidence Code § 1109(d)(3) “Domestic violence” has the meaning set forth in Section 13700 of the Penal Code. Subject to a hearing conducted pursuant to Section 352, which shall include consideration of any corroboration and remoteness in time, “domestic violence” has the further meaning as set forth in Section 6211 of the Family Code, if the act occurred no more than five years before the charged offense.
(e)CA Evidence Code § 1109(e) Evidence of acts occurring more than 10 years before the charged offense is inadmissible under this section, unless the court determines that the admission of this evidence is in the interest of justice.
(f)CA Evidence Code § 1109(f) Evidence of the findings and determinations of administrative agencies regulating the conduct of health facilities licensed under Section 1250 of the Health and Safety Code is inadmissible under this section.