Va. R. Evid. 2:404

Crimes

(a) Character evidence generally. Evidence of a person's character or character trait is not

admissible for the purpose of proving action in conformity therewith on a particular occasion,

except:

(1) C haracter trait of accused. Evidence of a pertinent character trait of the accused

offered by the accused, or by the prosecution to rebut the same;

(2) Character trait of victim. Except as provided in Rule 2:412, evidence of a pertinent

character trait or acts of violence by the victim of the crime offered by an accused who has

adduced evidence of self defense, or by the prosecution (i) to rebut defense evidence, or (ii) in

a criminal case when relevant as circumstantial evidence to establish the death of the victim

when other evidence is unavailable; or

(3) Character trait of witness. Evidence of the character trait of a witness, as provided in

Rules 2:607, 2:608, and 2:609.

(b) Other crimes, wrongs, or acts. Except as provided in Rule 2:413 or by statute, evidence of

other crimes, wrongs, or acts is generally not admissible to prove the character trait of a person

in order to show that the person acted in conformity therewith. H owever, if the legitimate

probative value of such proof outweighs its incidental prejudice, such evidence is admissible if it

tends to prove any relevant fact pertaining to the offense charged, such as where it is relevant to

show motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake,

accident, or if they are part of a common scheme or plan.