Tex. R. Evid. 404

Character Evidence; Crimes or Other Acts

sha256 de152cc24e91141a8fdb6a9ce43a7414… · retrieved 8/5/2026, 5:31:42 PM · Supreme Court of Texas official rules PDF — txcourts.gov, verbatim · verified 8/5/2026 by TXEV-1 July reconcile (artifact-proven, dual-sourced)

Rule 404. 	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.
(A) 	In a criminal case, a defendant may offer evidence of the defendant’s
pertinent trait, and if the evidence is admitted, the prosecutor may offer
evidence to rebut it.
(B) 	In a civil case, a party accused of conduct involving moral turpitude may
offer evidence of the party’s pertinent trait, and if the evidence is admitted,
the accusing party may offer evidence to rebut it.
(3) 	Exceptions for a Victim.
(A) 	In a criminal case, subject to the limitations in Rule 412, a defendant may
offer evidence of a victim’s pertinent trait, and if the evidence is admitted,
the prosecutor may offer evidence to rebut it.
(B) 	In a homicide case, the prosecutor may offer evidence of the victim’s trait
of peacefulness to rebut evidence that the victim was the first aggressor.
(C) 	In a civil case, a party accused of assaultive conduct may offer evidence of
the victim’s trait of violence to prove self-defense, and if the evidence is
admitted, the accusing party may offer evidence of the victim’s trait of
peacefulness.
(4) 	Exceptions for a Witness. Evidence of a witness’s character may be admitted under
Rules 607, 608, and 609.
(5) 	Definition of “Victim.” In this rule, “victim” includes an alleged victim.
(b) 	Crimes, Wrongs, or Other Acts.
 
(1) 	Prohibited Uses. Evidence of a crime, wrong, or other 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; Notice in Criminal Case. 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. On timely request by
a defendant in a criminal case, the prosecutor must provide reasonable notice before
trial that the prosecution intends to introduce such evidence—other than that arising
in the same transaction—in its case-in-chief.
2026 Comment: In certain cases, different procedures may be required by statute. See, e.g., TEX.
CODE CRIM . P. art. 38.37.

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