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- 1(1) 2CHARACTER EVIDENCE GENERALLY.5-6Evidence of a person’s character or a trait of character is inadmissible to prove action in conformity with it on a particular occasion, except:30(a) 31Character of accused.34-35Evidence of a pertinent trait of character offered by an accused, or by the prosecution to rebut the trait.54(b) 55Character of victim.58-591. 60Except as provided in s. 65794.022, 66evidence of a pertinent trait of character of the victim of the crime offered by an accused, or by the prosecution to rebut the trait; or922. 93Evidence 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 aggressor.140(2) 141OTHER CRIMES, WRONGS, OR ACTS.146-147(a) 148Similar fact evidence of other crimes, wrongs, or acts is admissible when relevant to prove a material fact in issue, including, but not limited to, proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident, but it is inadmissible when the evidence is relevant solely to prove bad character or propensity.204(b)1. 205In a criminal case in which the defendant is charged with a crime involving child molestation, evidence of the defendant’s commission of other crimes, wrongs, or acts of child molestation is admissible and may be considered for its bearing on any matter to which it is relevant.2522. 253For the purposes of this paragraph, the term “child molestation” means conduct proscribed by s. 268787.025(2)(c), 269s. 270787.06(3)(g), 271former s. 273787.06(3)(h), 274s. 275794.011, 276excluding s. 278794.011(10), 279s. 280794.05, 281former s. 283796.03, 284former s. 286796.035, 287s. 288800.04, 289s. 290827.071, 291s. 292847.0135(5), 293s. 294847.0145, 295or s. 297985.701(1) 298when committed against a person 16 years of age or younger.309(c)1. 310In a criminal case in which the defendant is charged with a sexual offense, evidence of the defendant’s commission of other crimes, wrongs, or acts involving a sexual offense is admissible and may be considered for its bearing on any matter to which it is relevant.3562. 357For the purposes of this paragraph, the term “sexual offense” means conduct proscribed by s. 372787.025(2)(c), 373s. 374787.06(3)(b), 375(d), (f), or (g), former s. 381787.06(3)(h), 382s. 383794.011, 384excluding s. 386794.011(10), 387s. 388794.05, 389former s. 391796.03, 392former s. 394796.035, 395s. 396825.1025(2)(b), 397s. 398827.071, 399s. 400847.0135(5), 401s. 402847.0145, 403or s. 405985.701(1)406.407(d)1. 408When the state in a criminal action intends to offer evidence of other criminal offenses under paragraph (a), paragraph (b), or paragraph (c), no fewer than 10 days before trial, the state shall furnish to the defendant or to the defendant’s counsel a written statement of the acts or offenses it intends to offer, describing them with the particularity required of an indictment or information. No notice is required for evidence of offenses used for impeachment or on rebuttal.4872. 488When the evidence is admitted, the court shall, if requested, charge the jury on the limited purpose for which the evidence is received and is to be considered. After the close of the evidence, the jury shall be instructed on the limited purpose for which the evidence was received and that the defendant cannot be convicted for a charge not included in the indictment or information.554(3) 555Nothing in this section affects the admissibility of evidence under s. 56690.610567.
History.-s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 2, ch. 90-40; s. 26, ch. 93-156; s. 473, ch. 95-147; s. 1, ch. 2001-221; s. 9, ch. 2008-172; s. 2, ch. 2011-220; s. 14, ch. 2012-97; s. 15, ch. 2014-160.
