RULE ER 404
       CHARACTER EVIDENCE NOT ADMISSIBLE TO PROVE CONDUCT;
                    EXCEPTIONS; OTHER CRIMES


    (a) Character Evidence Generally. Evidence of a person's
character or a trait of character is not admissible for the
purpose of proving action in conformity therewith on a particular
occasion, except:

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

    (2) Character of Victim. 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;

    (3) Character of Witness. Evidence of the character of a
witness, as provided in rules 607, 608, and 609.

    (b) Other Crimes, Wrongs, or Acts. 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.


[Amended effective September 1, 1992.]


          Comment 404

[Deleted effective September 1, 2006.]