Character evidence, crimes or other acts

(a) Character Evidence. (1) Prohibited Uses. Evidence of a person’s character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait. (2) Exceptions for an Accused or Victim (A) The accused may offer evidence of the accused’s pertinent trait and, if the evidence is admitted, the prosecution may offer evidence to rebut it. General military character is not a pertinent trait for the purposes of showing the probability of innocence of the accused for the following offenses under the UCMJ: III-17 (i) Article 105; (ii) Articles 120-122; (iii) Articles 123a-124; (iv) Articles 126-127; (v) Articles 129-131; (vi) Any other offense in which evidence of general military character of the accused is not relevant to any element of an offense for which the accused has been charged; or (vii) An attempt or conspiracy to commit one of the above offenses. (B) Subject to the limitations in Mil. R. Evid. 412, the accused may offer evidence of an alleged victim’s pertinent trait, and if the evidence is admitted, the prosecution may: (i) offer evidence to rebut it; and (ii) offer evidence of the accused’s same trait; and (C) in a homicide or assault case, the prosecution may offer evidence of the alleged victim’s trait of peacefulness to rebut evidence that the victim was the first aggressor. (3) Exceptions for a Witness. Evidence of a witness’ character may be admitted under Mil R. Evid. 607, 608, and 609. (b) Other Crimes, Wrongs, or Acts. (1) Prohibited Uses. Evidence of any other crime, wrong, or act is not admissible to prove a person’s character in order to show that on a particular occasion the person acted in accordance with the character. (2) Permitted Uses. This evidence may be admissible for another purpose, such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident. (3) Notice in a Criminal Case. In a criminal case, the trial counsel must: (A) provide reasonable notice of any such evidence that the trial counsel intends to offer at trial, so the accused has a fair opportunity to meet it; (B) articulate in the notice the permitted purpose for which the trial counsel intends to offer the evidence and the reasoning that supports the purpose; and (C) do so in writing before trial—or in any form during trial if the court, for good cause, excuses lack of pretrial notice. III-18