Character trait as proof of conduct

60-447. Character trait as proof of conduct. Subject to K.S.A. 60-448 when a trait of a person's character is relevant as tending to prove conduct on a specified occasion, such trait may be proved in the same manner as provided by K.S.A. 60-446, except that (a) evidence of specific instances of conduct other than evidence of conviction of a crime which tends to prove the trait to be bad shall be inadmissible, and (b) in a criminal action evidence of a trait of an accused's character as tending to prove guilt or innocence of the offense charged, (i) may not be excluded by the judge under K.S.A. 60-445 if offered by the accused to prove innocence, and (ii) if offered by the prosecution to prove guilt, may be admitted only after the accused has introduced evidence of his or her good character. History: L. 1963, ch. 303, 60-447; January 1, 1964. Law Review and Bar Journal References: Comment on illegitimacy in Kansas, Donald W. Vasos, 14 K.L.R. 473, 482 (1966). "Survey of Kansas Law: Evidence," Spencer A. Gard, 16 K.L.R. 125, 131 (1967). "Other Vices, Other Crimes: An Evidentiary Dilemma," M. C. Slough, 20 K.L.R. 411, 413, 414 (1972). "The Entrapment Defense in Drug Cases," Richard H. Seaton, 41 J.B.A.K. 217, 239 (1972). Comment concerning rebuttal of character evidence, 14 W.L.J. 383, 385 (1975). Survey of criminal law, Dan Walter and Dick Ring, 15 W.L.J. 341, 346 (1976). "Evidence of Other Crimes in Kansas," Randall K. Rathbun and Chad M. Renn, 17 W.L.J. 98 (1977). "Survey of Kansas Law: Evidence," Spencer A. Gard, 27 K.L.R. 225, 233, 234 (1979). "Survey of Kansas Law: Criminal Law and Procedure," Keith G. Meyer, 27 K.L.R. 391, 425 (1979). "Survey of Kansas Law: Evidence," Mark M. Dobson, 32 K.L.R. 625, 633 (1984). "Expungement: Lies That Can Hurt You in and out of Court," Steven K. O'Hern, 27 W.L.J. 574, 578, 586, 589, 598 (1988). "Some Other Dude Did It (But Will You Be Allowed to Prove It?)," Dennis Prater and Tammy M. Somogye, 67 J.K.B.A. No. 4, 28 (1998). "Other Misconduct Evidence," Christopher M. Joseph, 49 K.L.R. 145 (2000). "A Criminal Defendant's Inability to Sue His Lawyer for Malpractice: The Other Side of the Exoneration Rule [Canaan v. Bartee, 72 P.3d 911 (Kan. 2003)]," Amy L. Leisinger, 44 W.L.J. 693 (2005). CASE ANNOTATIONS 1. Reckless driving conviction inadmissible to prove subsequent negligence. Gardner v. Pereboom, 197 Kan. 188, 195, 416 P.2d 67. 2. Admissibility of evidence of prior unrelated offenses considered. State v. Taylor, 198 Kan. 290, 293, 296, 424 P.2d 612. 3. Section does not limit cross-examination of character witness. State v. Kidwell, 199 Kan. 752, 753, 755, 434 P.2d 316. 4. Not error for state to cross-examine defendant as to previous convictions and acts of misconduct when defendant placed his character in evidence. State v. DeLespine, 201 Kan. 348, 351, 440 P.2d 572. 5. Application of K.S.A. 60-455 not dependent on this section; evidence of previous convictions properly admitted. State v. Anderson, 202 Kan. 52, 56, 446 P.2d 844. 6. Where defendant testifies as to prior conviction on direct examination, subject to cross-examination thereon. State v. Pappan, 206 Kan. 195, 197, 477 P.2d 989. 7. Character witness of defendant may be cross-examined hereunder as to defendant's prior conduct for purpose of testing credibility or bias. State v. Kirtdoll, 206 Kan. 208, 212, 478 P.2d 188. 8. In cross-examination of defendant's character witness, inquiry must be directed to the witness' "hearing" of disparaging rumor as negativing the reputation; no question as to "fact" of the misconduct permissible. State v. Hinton, 206 Kan. 500, 503, 505, 507, 479 P.2d 910. 9. Cited; case concerning conviction for possession of marijuana. State v. Whiters, 206 Kan. 770, 771, 481 P.2d 992. 10. Mentioned in holding prior conviction for burglary and larceny relevant and admissible under K.S.A. 60-455 with respect to charge of attempted second degree burglary. State v. Kincade, 207 Kan. 442, 444, 485 P.2d 1385. 11. Evidence of juvenile arrest could not be used to show general reputation or violent character. State v. Mason, 208 Kan. 39, 41, 490 P.2d 418. 12. Prosecution for terroristic threats; cross-examination advised jury of prior convictions; good character not introduced; prejudicial error. State v. Gunzelman, 210 Kan. 481, 488, 489, 502 P.2d 705. 13. Evidence otherwise relevant not inadmissible because it may show a crime other than that charged. State v. Calvert, 211 Kan. 174, 177, 180, 181, 505 P.2d 1110. 14. Cited; evidence of past crimes held inadmissible as not within any exception hereunder. State v. Davis, 213 Kan. 54, 57, 515 P.2d 802. 15. Contemporaneous objection rule (K.S.A. 60-404) applied barring consideration of objection made hereunder for first time on appeal. State v. Shepherd, 213 Kan. 498, 508, 516 P.2d 945. 16. Permitting cross-examination of defendant on past act of violence not error; construed with K.S.A. 60-421. State v. Stokes, 215 Kan. 5, 6, 523 P.2d 364. 17. Oral proffer of evidence of reputation and character on issue of aggressor in damage action held sufficient compliance with section. Carrick v. McFadden, 216 Kan. 683, 687, 688, 533 P.2d 1249. 18. Contention of violation of sections not upheld; failure to make timely objection; conviction of crimes affirmed. State v. James, 217 Kan. 96, 97, 535 P.2d 991. 19. Narcotics addiction not trait of character; medical fact; not crime or civil wrong. State v. Ralph, 217 Kan. 457, 459, 537 P.2d 200. 20. Admission of entire criminal file not proper method of establishing prior conviction as element of charge under K.S.A. 21-4204; not reversible error under facts. State v. Farris, 218 Kan. 136, 139, 542 P.2d 725. 21. Applied; admission of evidence of alleged misconduct improper; limiting instruction did not cure. State v. Gregory, 218 Kan. 180, 187, 542 P.2d 1051. 22. Testimony on direct examination of nonviolent disposition of defendant allowed rebuttal testimony as to former conviction of violent crime. State v. Bright, 218 Kan. 476, 477, 543 P.2d 928. 23. Evidence of good character introduced in criminal proceeding; proper to cross-examine on prior convictions. State v. Bowers, 218 Kan. 736, 737, 738, 740, 545 P.2d 303. 24. Bank ledger sheets admissible in prosecution for giving worthless check; conviction not prerequisite. State v. Powell, 220 Kan. 168, 171, 172, 551 P.2d 902. 25. Testimony of one specific past instance of an alleged altercation properly excluded. State v. Woods, 222 Kan. 179, 187, 563 P.2d 1061. 26. Section cited; evidence inadmissible; did not go to criminal conviction. State v. White, 1 Kan. App. 2d 452, 459, 571 P.2d 6. 27. Admission of evidence of deceased's good character during state's case in chief and before attack thereon error; new trial ordered. State v. Bradley, 223 Kan. 710, 712, 576 P.2d 647. 28. Specific instances of conduct to prove character trait allowed if offered by accused to prove innocence. State v. Sullivan, 224 Kan. 110, 124, 578 P.2d 1108. 29. Admission of evidence concerning defendant's intoxication at time of accident upheld; comparative negligence action. Miles v. West, 224 Kan. 284, 288, 580 P.2d 876. 30. Evidence of character inadmissible unless defendant first raises issue of character (dissenting opinion). State v. Whitehead, 226 Kan. 719, 725, 602 P.2d 1263. 31. Evidence of marital discord seven months prior to the crime held not too remote where murder occurred on eve of first wedding anniversary. State v. Fenton, 228 Kan. 658, 667, 620 P.2d 813. 32. Trial court committed reversible error in allowing cross-examination of defendant on prior conviction; conviction reversed. State v. Quick, 229 Kan. 117, 119, 122, 691 P.2d 997. 33. Court should have instructed jury to disregard questions of prosecutor concerning obviously inadmissible evidence. State v. Thomas, 6 Kan. App. 2d 925, 928, 931, 932, 636 P.2d 807 (1981). 34. Substantial prejudice to defendant in aggravated sodomy trial avoided when court sustained objection to prosecution questions regarding pending aggravated battery charge. State v. Stellwagen, 232 Kan. 744, 749, 659 P.2d 167 (1983). 35. Where defendant's testimony goes beyond bounds of statutory protection he foregoes protection of statute. State v. Chatmon, 234 Kan. 197, 203, 671 P.2d 531 (1983). 36. If prior convictions involving dishonesty not mentioned on direct, state could not have cross-examined on LSD conviction. State v. Logan, 236 Kan. 79, 83, 689 P.2d 778 (1984). 37. Cited; exclusion of lay witness testimony regarding defendant's good character as inadmissible and lacking probative value examined. State v. Kuone, 243 Kan. 218, 231, 757 P.2d 289 (1988). 38. Rebuttal testimony of defendant's self-control in child abuse (K.S.A. 21-3609), felony murder (K.S.A. 21-3401), involuntary manslaughter (K.S.A. 21-3404) and child endangerment (K.S.A. 21-3608) case examined. State v. Prouse, 244 Kan. 292, 295, 767 P.2d 1308 (1989). 39. Limitation on protection of character examined when accused or defense witness testifies about defendant's past life. State v. Hall, 246 Kan. 728, 743, 793 P.2d 737 (1990). 40. Evidence of specific instances of conduct not constituting a crime conviction inadmissible to prove a character trait. Herbstreith v. de Bakker, 249 Kan. 67, 77, 815 P.2d 102 (1991). 41. Defendant, by offering evidence of her or his good character, foregoes protection offered herein; evidence of prior misdemeanor convictions permitted. State v. Blackburn, 251 Kan. 787, 792, 840 P.2d 497 (1992). 42. Possible evidence of law officer's reputation for excessive force in making arrests (K.S.A. 21-3215) examined. State v. Deavers, 252 Kan. 149, 157, 843 P.2d 695 (1992). 43. Evidence admitted or used to counter expert opinion and not for any purpose under K.S.A. 60-455 needs no limiting instruction. State v. Cramer, 17 Kan. App. 2d 623, 629, 841 P.2d 1111 (1992). 44. No error by admitting evidence of defendant's gang affiliation. State v. Tran, 252 Kan. 494, 504, 847 P.2d 680 (1993). 45. Refusal of trial court to declare mistrial after defendant cross-examined about prior conviction considered; no abuse of discretion found. State v. Chandler, 252 Kan. 797, 801, 850 P.2d 803 (1993). 46. Admissibility of prior crimes evidence examined. State v. Synoracki, 253 Kan. 59, 853 P.2d 24 (1993). 47. Evidence of turbulent character of deceased is admissible when self-defense an issue in homicide case. State v. Arteaga, 257 Kan. 874, 894, 896 P.2d 1035 (1995). 48. If defendant unsolicited emphasizes he or she is then telling the truth, such testimony may be considered as supporting defendant's credibility. State v. Johnson, 21 Kan. App. 2d 576, 578, 907 P.2d 144 (1995). 49. Trial court did not abuse discretion by refusing to admit into evidence prior conviction. State v. Alderson, 260 Kan. 445, 461, 922 P.2d 435 (1996). 50. Evidence of defendant's past participation in sexual act performed on rape victim admissible as evidence of identity. State v. Gaines, 260 Kan. 752, 765, 926 P.2d 641 (1996). 51. Trial court erred by admitting evidence of victim's peacefulness when character not in issue. State v. Mader, 261 Kan. 280, 282, 931 P.2d 1247 (1997). 52. Evidence of public censure of doctor for providing false information in unrelated matter inadmissible in malpractice suit. Shirley v. Smith, 261 Kan. 685, 698, 700, 933 P.2d 651 (1997). 53. Trial court ruling that testimony regarding custom and habit lacked credibility was inadmissible not erroneous. State v. Mitchell, 23 Kan. App. 2d 413, 422, 932 P.2d 1012 (1997). 54. Trial court did not abuse discretion by admitting limited evidence of defendant's ownership of knives. State v. Dias, 263 Kan. 331, 337, 949 P.2d 1093 (1997). 55. Admission of irrelevant evidence concerning murder victim intended to inflame jury constituted reversible error. State v. Donesay, 265 Kan. 60, 83, 959 P.2d 862 (1998). 56. No abuse of discretion in denying questioning or investigative services regarding principal witness's alleged admissions and commissions of murder. State v. Brown, 266 Kan. 563, 575, 576, 973 P.2d 773 (1999). 57. Trial court's exclusion of relevant evidence of complaining witness under rape-shield statute constituted reversible error. State v. Perez, 26 Kan. App. 2d 777, 786, 995 P.2d 372 (1999). 58. Defendant's handing of gun to his domestic partners and asking them to shoot him if they thought he was worthless not character trait; simply a fact. State v. Pabst, 268 Kan. 501, 996 P.2d 321 (2000). 59. Abuse of trial court's discretion to admit character evidence of defendant; reversed and remanded. State v. Lewis, 27 Kan. App. 2d 380, 5 P.3d 531 (2000). 60. Evidence regarding defendant's character limited to evidence of conviction of crime. State v. Jones, 27 Kan. App. 2d 910, 8 P.3d 1282 (2000). 61. Evidence of specific instances of conduct to prove a character trait is inadmissible except for conviction of crime. State v. Price, 275 Kan. 78, 61 P.3d 676 (2003). 62. Error not to allow specific instances of defendant's appropriate behavior with children. State v. Price, 30 Kan. App. 2d 569, 43 P.3d 870 (2002). 63. Evidence of victim's prior specific bad acts of violence and threats admitted to prove defendant's state of mind. State v. Walters, 284 Kan. 1, 9, 10, 12, 159 P.3d 174 (2007). 64. When character trait relevant to prove conduct, trait may be proven only by prior convictions; evidence of defendant's character, if offered by prosecution, may only be admitted after defendant introduces character evidence. State v. Cosby, 285 Kan. 230, 249, 169 P.3d 1128 (2007). 65. Cited; error in allowing prosecution to introduce evidence of prior criminal conviction; held not reversible error. State v. Angelo, 287 Kan. 262, 280-282, 197 P.3d 337 (2008). 66. Cited; prior use of marijuana evidence held improper to prove intent to possess under facts of case. State v. Boggs, 287 Kan. 298, 305, 197 P.3d 441 (2008). 67. Defendant's argument that testimony should have been excluded is rejected; no timely objection. State v. Richmond, 289 Kan. 419, 212 P.3d 165 (2009). 68. Witness credibility character evidence discussed; evidence of specific instances disallowed. State v. Penn, 41 Kan. App. 2d 251, 201 P.3d 752 (2009). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026