State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_8C > GS_8C-404

Rule 404.  Character evidence not admissible to proveconduct; exceptions; other crimes.

(a)        Character evidence generally. – Evidence of a person'scharacter or a trait of his character is not admissible for the purpose ofproving that he acted in conformity therewith on a particular occasion, except:

(1)        Character of accused. – Evidence of a pertinent trait of hischaracter offered by an accused, or by the prosecution to rebut the same;

(2)        Character of victim. – Evidence of a pertinent trait ofcharacter of the victim of the crime offered by an accused, or by theprosecution to rebut the same, or evidence of a character trait of peacefulnessof the victim offered by the prosecution in a homicide case to rebut evidencethat the victim was the first aggressor;

(3)        Character of witness. – Evidence of the character of awitness, as provided in Rules 607, 608, and 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 orderto show that he acted in conformity therewith. It may, however, be admissiblefor other purposes, such as proof of motive, opportunity, intent, preparation,plan, knowledge, identity, or absence of mistake, entrapment or accident.Admissible evidence may include evidence of an offense committed by a juvenileif it would have been a Class A, B1, B2, C, D, or E felony if committed by anadult. (1983, c. 701, s. 1; 1994,Ex. Sess., c. 7, s. 3; 1995, c. 509, s. 7.)