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Official Code of Georgia Annotated

Title 24. EVIDENCE · Chapter 4. RELEVANT EVIDENCE AND ITS LIMITS

24-4-405. Methods of proving character.

Active

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

  1. (a)

    In all proceedings in which evidence of character or a trait of character of a person is admissible, proof shall be made by testimony as to reputation or by testimony in the form of an opinion.#

  2. (b)

    In proceedings in which character or a trait of character of a person is an essential element of a charge, claim, or defense or when an accused testifies to his or her own character, proof may also be made of specific instances of that person’s conduct. The character of the accused, including specific instances of the accused’s conduct, shall also be admissible in a presentencing hearing subject to the provisions of Code Section 17-10-2.#

  3. (c)

    On cross-examination, inquiry shall be allowable into relevant specific instances of conduct.#

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, § 24-4-405, enacted by Ga. L. 2011, p. 99, § 2/HB 24.

Editor's notes

In light of the reenactment of this Title, effective January 1, 2013, the reader is advised to consult the annotations following Code Section 24-4-404, for cases discussing character and specific instances of previous conduct; Code Section 24-4-412, for cases discussing the complainant’s character in sexual assault cases; Code Section 24-4-413, for cases discussing sexual assault; Code Section 24-4-414, for cases discussing child molestation; and Code Section 24-4-417, for cases discussing driving under the influence.

Cross references

Methods of proving character, Fed. R. Evid. 405.

Law reviews

For annual survey on evidence, see 65 Mercer L. Rev. 125 (2013).

Read the official page (the state's PDF, opened at the page this text was read from).

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, page 274; merge action: annotated; file SHA-256 f2f9d1712dd4.