An act under the other acts exception must have occurred prior to the commission of the crime for which the defendant is being charged.

Question

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The "other acts" evidence, as outlined in rules like the Federal Rules of Evidence 404(b), does not need to have occurred prior to the crime being charged. It can include acts that happened before, during, or after the charged crime, as long as they are relevant to proving something like motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident.

An Act Under the Other Acts Exception Must Have Occurred