Rule 404 - Character Evidence not Admissible to Prove Conduct; Exceptions; Other Crimes, Wrongs, or Acts(A) Character evidence generally. Evidence of a person's character or a trait of character is not admissible for the purpose of proving action in conformity therewith on a particular occasion, subject to the following exceptions: (1) Character of accused. Evidence of a pertinent trait of character offered by an accused, or by the prosecution to rebut the same is admissible; however, in prosecutions for rape, gross sexual imposition, and prostitution, the exceptions provided by statute enacted by the General Assembly are applicable.(2) Character of victim. 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 a homicide case to rebut evidence that the victim was the first aggressor is admissible; however, in prosecutions for rape, gross sexual imposition, and prostitution, the exceptions provided by statute enacted by the General Assembly are applicable.(3) Character of witness. Evidence of the character of a witness on the issue of credibility is admissible as provided in 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; notice. This evidence may be admissible for another purpose, such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident. The proponent of evidence to be offered under this rule shall:(a) provide reasonable notice of any such evidence the proponent intends to introduce at trial so that an opposing party may have a fair opportunity to meet it; (b) articulate in the notice the permitted purpose for which the proponent intends to offer the evidence, and the reasoning that supports the purpose; and(c) do so in writing in advance of trial, or in any form during trial if the court, for good cause, excuses lack of pretrial notice. Effective:7/1/1980; amended effectively7/1/2007,7/1/2012; amended April 26, 2022, effective 7/1/2022.Staff Note (July 1, 2012 Amendment)
The original Ohio Rule did not adopt the notice requirement included in the federal version of the rule. The rule, as amended, adds mutuality to the federal version of the rule so as to also provide the prosecution with notice of the defendant's intention to offer evidence under this rule. The purpose of adding the notice requirement is to provide the prosecution and the defense with the opportunity to prepare their case. Notice provided pursuant to this rule does not constitute a "demand of the defendant" under Crim.R. 16, and does not, in and of itself, constitute the initiation of discovery under Crim.R. 16. The rule should not be construed to exclude otherwise relevant and admissible evidence solely because of a lack of notice, absent a showing of bad faith.
Staff Note (July 1, 2022 Amendment)
Ohio Evid.R. 404(B) is amended to more closely mirror changes made in December 2020 to Fed.R.Evid. 404(b). As amended, Ohio Evid.R.404(B) includes the "written notice" and "permitted purpose" elements of newly amended Fed.R.Evid. 404(b), but unlike Fed.R.Evid. 404(b), applies to both sides and in both criminal and civil actions.