State v. Martinez

Under OEC 404(4), propensity evidence, such as entering the young girls' bedroom while they were undressed, may be admissible in child sexual abuse cases when relevant to the sexual-purpose element of the offense.

Defendant appealed his conviction for ten counts of first-degree sexual abuse. Defendant assigned error to the trial court's admission of "other acts evidence" under OEC 404(4), arguing that the court misjudged the evidence's probative value and underestimated its danger of unfair prejudice under OEC 403. Under OEC 404(4), evidence of a defendant's other acts is admissible in criminal cases if relevant and otherwise permissible under OEC 403. The Court reasoned that testimony describing Defendant repeatedly entering the girls' bedroom while they were undressed relied on an inference of his general sexual interest in young females, but that inference was logically relevant to whether his alleged conduct toward the victim was committed for a sexual purpose. Because this evidence was used to show Defendant's sexual interest in children generally, rather than evidence to prove he was directly culpable for the charges, the Court properly admitted the testimony under OEC 404(4). The evidence also carried less risk of unfair prejudice than prior-conviction evidence upheld in similar cases, and although no limiting instruction was ultimately given, Defendant himself had objected to the state's requested instruction. The Court held that the trial court's OEC 403 balancing was within its discretion, and the risk of the jury being inflamed or unfairly prejudiced by the evidence did not outweigh its probative value. Affirmed.