# ORS § 40.170: 40.170 Rule 404. Character evidence

> Oregon · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_OR_T4_C40_S40.170

## Section

- **Citation:** ORS § 40.170
- **Heading:** 40.170 Rule 404. Character evidence
- **Jurisdiction:** Oregon
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** OR Code / Title 4 / Chapter 40 / Section 40.170

## Text

(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 Withdrawn plea or statement not admissible) , 40.205 (Rule 411.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).

## Nearby sections

- [ORS § 40.010 40.010 Rule 100. Short title](https://www.frixlaw.com/law-library/statutes/STATE_OR_T4_C40_S40.010.md)
- [ORS § 40.015 40.015 Rule 101. Applicability of Oregon Evidence Code](https://www.frixlaw.com/law-library/statutes/STATE_OR_T4_C40_S40.015.md)
- [ORS § 40.020 40.020 Rule 102. Purpose and construction](https://www.frixlaw.com/law-library/statutes/STATE_OR_T4_C40_S40.020.md)
- [ORS § 40.025 40.025 Rule 103. Rulings on evidence](https://www.frixlaw.com/law-library/statutes/STATE_OR_T4_C40_S40.025.md)
- [ORS § 40.030 40.030 Rule 104. Preliminary questions](https://www.frixlaw.com/law-library/statutes/STATE_OR_T4_C40_S40.030.md)
- [ORS § 40.035 40.035 Rule 105. Limited admissibility](https://www.frixlaw.com/law-library/statutes/STATE_OR_T4_C40_S40.035.md)
- [ORS § 40.040 40.040 Rule 106. When part of transaction proved, whole admissible](https://www.frixlaw.com/law-library/statutes/STATE_OR_T4_C40_S40.040.md)
- [ORS § 40.060 40.060 Rule 201(a). Scope](https://www.frixlaw.com/law-library/statutes/STATE_OR_T4_C40_S40.060.md)
- [ORS § 40.065 40.065 Rule 201(b). Kinds of facts](https://www.frixlaw.com/law-library/statutes/STATE_OR_T4_C40_S40.065.md)
- [ORS § 40.070 40.070 Rules 201(c) and 201(d). When mandatory or discretionary](https://www.frixlaw.com/law-library/statutes/STATE_OR_T4_C40_S40.070.md)
- [ORS § 40.075 40.075 Rule 201(e). Opportunity to be heard](https://www.frixlaw.com/law-library/statutes/STATE_OR_T4_C40_S40.075.md)
- [ORS § 40.080 40.080 Rule 201(f). Time of taking notice](https://www.frixlaw.com/law-library/statutes/STATE_OR_T4_C40_S40.080.md)
- [ORS § 40.085 40.085 Rule 201(g). Instructing the jury](https://www.frixlaw.com/law-library/statutes/STATE_OR_T4_C40_S40.085.md)
- [ORS § 40.090 40.090 Rule 202. Law that is judicially noticed](https://www.frixlaw.com/law-library/statutes/STATE_OR_T4_C40_S40.090.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_OR_T4_C40_S40.170. Check the current official text before relying on it. Not legal advice.