# Md. Rule 5-404: Rule 5-404. Character Evidence Not Admissible to Prove Conduct; Exceptions; Other Crimes

> Maryland · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/SRULES_MD_T5_R5_404

## Section

- **Citation:** Md. Rule 5-404
- **Heading:** Rule 5-404. Character Evidence Not Admissible to Prove Conduct; Exceptions; Other Crimes
- **Jurisdiction:** Maryland
- **Kind:** Court rules
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Maryland Rules / Title 5 Evidence / Chapter 400 Relevancy and Its Limits / Md. Rule 5-404

## Text

(a) Character Evidence.
(1) Prohibited Uses. Subject to subsections (a)(2) and (3) of this Rule, evidence of a person's character or character trait is not admissible to prove that the person acted in accordance with the character or trait on a particular occasion.
(2) Criminal and Delinquency Cases. Subsection (a)(2) of this Rule applies in a criminal case and in a delinquency case. For purposes of subsection (a)(2), “accused” means a defendant in a criminal case and an individual alleged to be delinquent in an action in juvenile court, and “crime” includes a delinquent act as defined in Code, Courts Article, § 3-8A-01.
(A) Character of Accused. An accused may offer evidence of the accused's pertinent trait of character. If the evidence is admitted, the prosecution may offer evidence to rebut it.
(B) Character of Victim. Subject to the limitations in Rule 5-412, an accused may offer evidence of an alleged crime victim's pertinent trait of character. If the evidence is admitted, the prosecutor may offer evidence to rebut it.
(C) Homicide Case. In a homicide case, the prosecutor may offer evidence of the alleged victim's trait of peacefulness to rebut evidence that the victim was the first aggressor.
(3) Character of Witness. Evidence of the character of a witness with regard to credibility may be admitted under Rules 5-607, 5-608, and 5-609.
(b) Other Crimes, Wrongs, or Acts. Evidence of other crimes, wrongs, or acts, including delinquent acts as defined in Code, Courts Article § 3-8A-01, is not admissible to prove the character of a person in order to show action in the conformity therewith. Such evidence, however, may be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, common scheme or plan, knowledge, identity, absence of mistake or accident, or in conformity with Rule 5-413.

## Nearby sections

- [Md. Rule 5-401 Rule 5-401. Definition of “Relevant Evidence”](https://www.frixlaw.com/law-library/statutes/SRULES_MD_T5_R5_401.md)
- [Md. Rule 5-402 Rule 5-402. Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible](https://www.frixlaw.com/law-library/statutes/SRULES_MD_T5_R5_402.md)
- [Md. Rule 5-403 Rule 5-403. Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time](https://www.frixlaw.com/law-library/statutes/SRULES_MD_T5_R5_403.md)
- [Md. Rule 5-404 Rule 5-404. Character Evidence Not Admissible to Prove Conduct; Exceptions; Other Crimes](https://www.frixlaw.com/law-library/statutes/SRULES_MD_T5_R5_404.md)
- [Md. Rule 5-405 Rule 5-405. Methods of Proving Character](https://www.frixlaw.com/law-library/statutes/SRULES_MD_T5_R5_405.md)
- [Md. Rule 5-406 Rule 5-406. Habit; Routine Practice](https://www.frixlaw.com/law-library/statutes/SRULES_MD_T5_R5_406.md)
- [Md. Rule 5-407 Rule 5-407. Subsequent Remedial Measures](https://www.frixlaw.com/law-library/statutes/SRULES_MD_T5_R5_407.md)
- [Md. Rule 5-408 Rule 5-408. Compromise and Offers to Compromise](https://www.frixlaw.com/law-library/statutes/SRULES_MD_T5_R5_408.md)
- [Md. Rule 5-409 Rule 5-409. Payment of Medical and Similar Expenses](https://www.frixlaw.com/law-library/statutes/SRULES_MD_T5_R5_409.md)
- [Md. Rule 5-410 Rule 5-410. Inadmissibility of Pleas, Plea Discussions, and Related Statements](https://www.frixlaw.com/law-library/statutes/SRULES_MD_T5_R5_410.md)
- [Md. Rule 5-411 Rule 5-411. Liability Insurance](https://www.frixlaw.com/law-library/statutes/SRULES_MD_T5_R5_411.md)
- [Md. Rule 5-412 Rule 5-412. Sex Offense Cases; Relevance of Victim's Past Behavior](https://www.frixlaw.com/law-library/statutes/SRULES_MD_T5_R5_412.md)
- [Md. Rule 5-413 Rule 5-413. Sex Offense Cases; Other Sexually Assaultive Behavior by Defendant](https://www.frixlaw.com/law-library/statutes/SRULES_MD_T5_R5_413.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_MD_T5_R5_404. Check the current official text before relying on it. Not legal advice.