904.04 Character evidence not admissible to prove conduct; exceptions; other crimes.

409 words·~2 min read·/wi/chapter-904/904-04

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Character evidence generally. Evidence of a person’s character or a trait of the person’s character is not admissible for the purpose of proving that the person acted in conformity therewith on a particular occasion, except:

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

(b)Character of victim. Except as provided in s. 972.11

(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;

(c)Character of witness. Evidence of the character of a witness, as provided in ss. 906.07 , 906.08 and 906.09 .

(2)Other crimes, wrongs, or acts.

(a)General admissibility. Except as provided in par.

(b)2. , 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. This subsection does not exclude the evidence when offered for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.

(b)Greater latitude.

1. In a criminal proceeding alleging a violation of s. 940.302

(2)or of ch. 948 , alleging the commission of a serious sex offense, as defined in s. 939.615

(b), or of domestic abuse, as defined in s. 968.075

(a), or alleging an offense that, following a conviction, is subject to the surcharge in s. 973.055 , evidence of any similar acts by the accused is admissible, and is admissible without regard to whether the victim of the crime that is the subject of the proceeding is the same as the victim of the similar act.

2. In a criminal proceeding alleging a violation of s. 940.225

(1)or 948.02

(1), sub.

(1)and par.

(a)do not prohibit admitting evidence that a person was convicted of a violation of s. 940.225

(1)or 948.02

(1)or a comparable offense in another jurisdiction, that is similar to the alleged violation, as evidence of the person’s character in order to show that the person acted in conformity therewith.