24-4-404. Character evidence not admissible to prove conduct; exceptions; evidence of other crimes.

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

(a)
Evidence of a person’s character or a trait of character shall not be admissible for the purpose of proving action in conformity therewith on a particular occasion, except for:#
1. (1)
  Evidence of a pertinent trait of character offered by an accused or by the prosecution to rebut the same; or if evidence of a trait of character of the alleged victim of the crime is offered by an accused and admitted under paragraph (2) of this subsection, evidence of the same trait of character of the accused offered by the prosecution;#
2. (2)
  Subject to the limitations imposed by Code Section 24-4-412, evidence of a pertinent trait of character of the alleged victim of the crime offered by an accused or by the prosecution to rebut the same; or evidence of a character trait of peacefulness of the alleged victim offered by the prosecution in a homicide case to rebut evidence that the alleged victim was the first aggressor; or#
3. (3)
  Evidence of the character of a witness, as provided in Code Sections 24-6-607, 24-6-608, and 24-6-609.#
(b)
Evidence of other crimes, wrongs, or acts shall not be admissible to prove the character of a person in order to show action in conformity therewith. It may, however, be admissible for other purposes, including, but not limited to, proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. The prosecution in a criminal proceeding shall provide reasonable notice to the defense in advance of trial, unless pretrial notice is excused by the court upon good cause shown, of the general nature of any such evidence it intends to introduce at trial. Notice shall not be required when the evidence of prior crimes, wrongs, or acts is offered to prove the circumstances immediately surrounding the charged crime, motive, or prior difficulties between the accused and the alleged victim.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 24-4-404, enacted by Ga. L. 2011, p. 99, § 2/HB 24.

Cross references

Character evidence; crimes or other acts, Fed. R. Evid. 404.

Law reviews

For note discussing res gestae, see 3 Ga. B.J. 69 (1940). For article, “Admissibility of Evidence of a Party’s Prior Intemperate Habits on the Issue of Intoxication at the Time of An Accident,” see 17 Mercer L. Rev. 347 (1966). For annual survey of law on evidence, see 62 Mercer L. Rev. 125 (2010). For annual survey on evidence law, see 66 Mercer L. Rev. 81 (2014). For annual survey of evidence law, see 67 Mercer L. Rev. 63 (2015). For annual survey on criminal law, see 68 Mercer L. Rev. 93 (2016). For annual survey on evidence law, see 68 Mercer L. Rev. 1019 (2017). For annual survey on evidence law, see 69 Mercer L. Rev. 101 (2017). For article, “Legitimizing Character Evidence,” see 68 Emory L.J. 443 (2019). For annual survey on evidence, see 70 Mercer L. Rev. 1023 (2019). For annual survey on evidence, see 71 Mercer L. Rev. 103 (2019). For article, “Character Evidence in the Civil Setting,” see 26 Ga. St. B.J. 20 (Dec. 2020).

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t24-ch1-7-(v20)-2023-pdf.pdf, Volume V20, 2023 edition, pages 176 to 177; merge action: annotated; file SHA-256 f2f9d1712dd4.

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