Rule 404. Character Evidence not Admissible to Prove Conduct; Exceptions; Other Crimes

(a) Character evidence generally. Evidence of a person's character or a trait of
character is not admissible for the purpose of proving action in conformity
therewith on a particular occasion, except:

(1) Character of accused or civil defendant. Evidence of a pertinent trait of
character offered by an accused, or by the prosecution to rebut the same, or
evidence of the aberrant sexual propensity of the accused or a civil defendant
pursuant to Rule 404(c);

(2) Character of victim. Evidence of a pertinent trait of character of the
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 victim offered by
the prosecution in a homicide case to rebut evidence that the victim was the
first aggressor;

(3) Character of witness. Evidence of the character of a witness, as provided
in Rules 607, 608, and 609.

(b) Other crimes, wrongs, or acts. Except as provided in Rule 404(c) evidence of
other crimes, wrongs, or acts is not admissible to prove the character of a person
in order to show action in conformity therewith. It may, however, be admissible
for other purposes, such as proof of motive, opportunity, intent, preparation,
plan, knowledge, identity, or absence of mistake or accident.

(c) Character evidence in sexual misconduct cases

In a criminal case in which a defendant is charged with having committed a sexual
offense, or a civil case in which a claim is predicated on a party's alleged
commission of a sexual offense, evidence of other crimes, wrongs, or acts may be
admitted by the court if relevant to show that the defendant had a character trait
giving rise to an aberrant sexual propensity to commit the offense charged. In
such a case, evidence to rebut the proof of other crimes, wrongs, or acts, or an
inference therefrom, may also be admitted.

(1) In all such cases, the court shall admit evidence of the other act only if
it first finds each of the following:

(A) The evidence is sufficient to permit the trier of fact to find that the
defendant committed the other act.

(B) The commission of the other act provides a reasonable basis to infer that
the defendant had a character trait giving rise to an aberrant sexual
propensity to commit the crime charged.

(C) The evidentiary value of proof of the other act is not substantially
outweighed by danger of unfair prejudice, confusion of issues, or other factors
mentioned in Rule 403. In making that determination under Rule 403 the court
shall also take into consideration the following factors, among others:

(i) remoteness of the other act;

(ii) similarity or dissimilarity of the other act;

(iii) the strength of the evidence that defendant committed the other act;

(iv) frequency of the other acts;

(v) surrounding circumstances;

(vi) relevant intervening events;

(vii) other similarities or differences;

(viii) other relevant factors.

(D) The court shall make specific findings with respect to each of (A), (B),
and (C) of Rule 404(c)(1).

(2) In all cases in which evidence of another act is admitted pursuant to this
subsection, the court shall instruct the jury as to the proper use of such
evidence.

(3) In all criminal cases in which the state intends to offer evidence of other
acts pursuant to this subdivision of Rule 404, the state shall make disclosure
to the defendant as to such acts as required by Rule 15.1, Rules of Criminal
Procedure
, no later than 45 days prior to the final trial setting or at such
later time as the court may allow for good cause. The defendant shall make
disclosure as to rebuttal evidence pertaining to such acts as required by Rule
15.2
, no later than 20 days after receipt of the state's disclosure or at such
other time as the court may allow for good cause. In all civil cases in which a
party intends to offer evidence of other acts pursuant to this subdivision of
Rule 404, the parties shall make disclosure as required by Rule 26.1, Rules of
Civil Procedure, no later than 60 days prior to trial, or at such later time as
the court may allow for good cause shown.

(4) As used in this subsection of Rule 404, the term "sexual offense" is as
defined in A.R.S. Sec. 13-1420(C) and, in addition, includes any offense of
first-degree murder pursuant to A.R.S. Sec. 13-1105(A)(2) of which the
predicate felony is sexual conduct with a minor under Sec. 13-1405, sexual
assault under Sec. 13-1406
, or molestation of a child under Sec. 13-1410.

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