What is the test for admitting evidence of sexual assault under section 1101 of the California Penal Code?

Generally speaking, section 1101 "prohibits the admission of other-crimes evidence for the purpose of showing the defendant's bad character or criminal propensity." (People v. Catlin (2001) 26 Cal.4th 81, 145.) Section 1108 is an express exception to that rule. ( 1101, subd. (a).)¹⁷ Subdivision (a) of section 1108 provides:

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"In a criminal action in which the defendant is accused of a sexual offense, evidence of the defendant's commission of another sexual offense or offenses is not made inadmissible by Section 1101, if the evidence is not inadmissible pursuant to Section 352." For purposes of the statute, a sexual offense includes rape, as proscribed by Penal Code section 261; commission of a lewd or lascivious act, as proscribed by Penal Code section 288; and annoying or molesting a child under 18, as proscribed by Penal Code section 647.6; or an attempt to engage in any such conduct. ( 1108, subd. (d)(1)(A), (F).) Section 1108 also applies where the defendant is accused of first degree felony murder with a crime specified in subdivision (d)(1) of the statute as the underlying felony. (People v. Story (2009) 45 Cal.4th 1282, 1294.)