Rule 404 Character Evidence; Other Crimes, Wrongs, or Acts

(a) Character Evidence.

(1) Prohibited Uses. Evidence of a person’s character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait.

(2) Exceptions for a Defendant or Victim in a Criminal Case. The following exceptions apply in a criminal case:

(A) a defendant may offer evidence of the defendant’s pertinent trait, and if the evidence is admitted, the prosecutor may offer evidence to rebut it;

(B) in a homicide case, when self-defense is an issue, the defendant may offer evidence of the alleged victim’s trait for aggression, and if the evidence is admitted, the prosecution may:

(i) offer evidence of the defendant’s same trait, and

(ii) offer evidence of the alleged victim’s trait for peacefulness to rebut evidence that the alleged victim was the first aggressor; and

(C) in a criminal-sexual-conduct case, the defendant may offer evidence of:

(i) the alleged victim’s past sexual conduct with the defendant, and

(ii) specific instances of sexual activity showing the source or origin of semen, pregnancy, or disease.

(3) Exceptions for a Witness. Evidence of a witness’s character may be admitted under Rules 607, 608, and 609.

(b) Other Crimes, Wrongs, or Acts.

(1) Prohibited Uses. Evidence of any other crime, wrong, or act is not admissible to prove a person’s character in order to show that on a particular occasion the person acted in accordance with the character.

(2) Permitted Uses. If it is material, the evidence may be admissible for another purpose, such as proving motive, opportunity, intent, preparation, scheme, plan, or system in doing an act, knowledge, identity, absence of mistake, or lack of accident.

(3) Notice in a Criminal Case. In a criminal case, the prosecutor must:

(A) provide notice of any such evidence that the prosecutor intends to offer at trial, so that the defendant has a fair opportunity to meet it;

(B) articulate in the notice the permitted purpose for which the prosecutor intends to offer the evidence and the reasoning that supports the purpose; and

(C) do so in writing at least 14 days before trial, unless the court, for good cause, excuses pretrial notice, in which case the notice may be submitted in any form.

(4) Requiring Defendant’s Theory of the Case. If necessary to determine the admissibility of evidence under this rule, the court must require the defendant to state the theory or theories of defense, limited only by the defendant’s privilege against self-incrimination.

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