§ 2404.Character Evidence Not Admissible to Prove Conduct - Exceptions - Other Crimes
Chapter 40: Oklahoma Evidence Code · Last amended September 1, 1991 · Last verified August 3, 2026
In one sentenceBars using a person's character to prove they acted in conformity with it, with exceptions for an accused's or victim's pertinent trait and a witness's character, and separately allows evidence of other crimes or acts when offered for a purpose besides propensity, such as motive, intent, or identity.
A.Evidence of a person's character or a trait of his character is not admissible for the purpose of proving action in conformity therewith on a particular occasion, except:
1.Evidence of a pertinent trait of character offered by an accused or by the prosecution to rebut the same;
2.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; or
3.Evidence of the character of a witness, as provided in Sections 2607, 2608 and 2609 of this Code.
B.Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action 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.
Amendment History
Laws 1978, SB 276, c. 285, § 405, eff. 10/1/1978; Amended by Laws 1991, HB 1381, c. 62, § 1, eff.
9/1/1991.
Plain-English Summary
Subsection A states Oklahoma's version of Federal Rule of Evidence 404(a): character evidence can't be used to prove a person acted in conformity with that character on a specific occasion. Three exceptions survive. An accused may offer a pertinent character trait, and the prosecution can rebut it. Either side may offer a pertinent trait of the victim's character, and the prosecution may rebut evidence that the victim was the first aggressor in a homicide case with evidence of the victim's peacefulness. And a witness's character for truthfulness comes in under the separate rules in Sections 2607 through 2609.
Subsection B, Oklahoma's counterpart to FRE 404(b), draws the same line for evidence of other crimes, wrongs, or acts: it can't come in to show the person's character and that they acted in conformity with it, but it can come in for other purposes, including motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.
Frequently Asked Questions
Can a prosecutor introduce evidence of a defendant's bad character to show they committed the crime?
No. Section 2404(A) bars using character evidence to prove a person acted in conformity with it on a particular occasion, subject to narrow exceptions.
Can a defendant put on evidence of their own good character?
Yes. Subsection A(1) lets an accused offer evidence of a pertinent character trait, which opens the door for the prosecution to rebut it.
Is evidence of other crimes admissible to prove someone is the type of person who'd commit this one?
No, but subsection B lets that same evidence in for other purposes -- proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.
Can evidence of a homicide victim's peaceful character come in?
Yes, if the accused claims the victim was the first aggressor -- subsection A(2) lets the prosecution rebut that claim with evidence of the victim's character trait of peacefulness.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as:oklahoma character evidence rule12 O.S. § 2404FRE 404 oklahoma equivalentother crimes wrongs or acts oklahoma evidence