40.170 Rule 404. Character evidence

(1) Evidence of a person’s character or trait of character is admissible when it is an essential element of a charge, claim or defense.

(2) Evidence of a person’s character is not admissible for the purpose of proving that the person acted in conformity therewith on a particular occasion, except:

(a) Evidence of a pertinent trait of character offered by an accused, or by the prosecution to rebut the same;

(b) 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 to rebut evidence that the victim was the first aggressor;

(c) Evidence of the character of a witness, as provided in ORS 40.345 (Rule 607. Who may impeach) to 40.355 (Rule 609. Impeachment by evidence of conviction of crime) ; or

(d) Evidence of the character of a party for violent behavior offered in a civil assault and battery case when self-defense is pleaded and there is evidence to support such defense.

(3) 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.

(4) In criminal actions, evidence of other crimes, wrongs or acts by the defendant is admissible if relevant except as otherwise provided by:

(a) ORS 40.180 (Rule 406. Habit) , 40.185 (Rule 407. Subsequent remedial measures) , 40.190 (Rule 408. Compromise and offers to compromise) , 40.195 (Rule 409. Payment of medical and similar expenses) , 40.200 (Rule 410. Withdrawn plea or statement not admissible) , 40.205 (Rule 411. Liability insurance) , 40.210 (Rule 412. Sex offense cases) and, to the extent required by the United States Constitution or the Oregon Constitution, ORS 40.160 (Rule 403. Exclusion of relevant evidence on grounds of prejudice, confusion or undue delay) ;

(b) The rules of evidence relating to privilege and hearsay;

(c) The Oregon Constitution; and

(d) The United States Constitution. [1981 c.892 §24; 1997 c.313 §29]

Source: Section 40.170 — Rule 404. Character evidence; evidence of other crimes, wrongs or acts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors040.­html (accessed May 26, 2025).