§ Rule 5.404. Character evidence not admissible to prove conduct; exceptions; other crimes

Rule 5.404. Character evidence not admissible to prove conduct; exceptions; other crimes

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

(1) Character of accused.Evidence of a pertinent trait of the person's character offered by an accused, or by the prosecution to rebut the same.

(2) Character of victim.

(A) In criminal cases.Subject to rule 5.412, 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 any case where the victim is unavailable to testify due to death or physical or mental incapacity to rebut evidence that the victim was the first aggressor.

(B) In civil cases.Evidence of character for violence of the victim of assaultive conduct offered on the issue of self defense by a party accused of the assaultive conduct, or evidence of peaceable character to rebut the same.

(3) Character of witness.Evidence of the character of a witness, as provided in rules 5.607, 5.608, and 5.609.

b. Other crimes, wrongs, or acts.Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that the person acted 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.