§ 1103. — 1103. (Amended by Stats. 2022, Ch. 197, Sec. 1.)

California § 1103.

• Jurisdiction: California
• Code EVID: Evidence Code - EVID
• Div. 9.: DIVISION 9. EVIDENCE AFFECTED OR EXCLUDED BY EXTRINSIC POLICIES
• Ch. 1.: CHAPTER 1. Evidence of Character, Habit, or Custom

Text

(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)
Offered by the defendant to prove conduct of the victim in conformity with the character or trait of character.
(2)
Offered by the prosecution to rebut evidence adduced by the defendant under paragraph (1).
(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)
(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)
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)
Paragraph (1) does not apply to evidence of the complaining witness’ sexual conduct with the defendant.
(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)
This subdivision does not make inadmissible any evidence offered to attack the credibility of the complaining witness as provided in Section 782.
(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.

Legislative History

Amended by Stats. 2022, Ch. 197, Sec. 1. (SB 1493) Effective January 1, 2023.