CALCRIM No. 123. Witness Identified as John or Jane Doe

Judicial Council of California Criminal Jury Instructions (2020 edition)

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123.Witness Identified as John or Jane Doe
In this case, a person is called ((John/Jane) Doe/ <insert
other name used>). This name is used only to protect (his/her) privacy, as
required by law. [The fact that the person is identified in this way is not
evidence. Do not consider this fact for any purpose.]
New January 2006
BENCH NOTES
Instructional Duty
If an alleged victim will be identified as John or Jane Doe, the court has a sua
sponte duty to give this instruction at the beginning and at the end of the trial. (Pen.
Code, § 293.5(b); People v. Ramirez (1997) 55 Cal.App.4th 47, 58 [64 Cal.Rptr.2d
9].)
Penal Code section 293.5 provides that the alleged victim of certain offenses may be
identified as John or Jane Doe if the court finds it is “reasonably necessary to
protect the privacy of the person and will not unduly prejudice the prosecution or
the defense.” (Id., § 293.5(a).) This applies only to alleged victims of offenses under
the following Penal Code sections: 261 (rape), 261.5 (unlawful sexual intercourse),
262 (rape of spouse), 264.1 (aiding and abetting rape), 286 (sodomy), 288 (lewd or
lascivious act), 287 (oral copulation), and 289 (penetration by force). Note that the
full name must still be provided in discovery. (Id., § 293.5(a); People v. Bohannon
(2000) 82 Cal.App.4th 798, 803, fn. 7 [98 Cal.Rptr.2d 488]; Reid v. Superior Court
(1997) 55 Cal.App.4th 1326, 1338 [64 Cal.Rptr.2d 714].)
Give the last two bracketed sentences on request. (People v. Ramirez, supra, 55
Cal.App.4th at p. 58.)
AUTHORITY
• Identification as John or Jane Doe. Pen. Code, § 293.5(a).
• Instructional Requirements. Pen. Code, § 293.5(b); People v. Ramirez (1997) 55
Cal.App.4th 47, 58 [64 Cal.Rptr.2d 9].
• Statute Constitutional. People v. Ramirez (1997) 55 Cal.App.4th 47, 54-59 [64
Cal.Rptr.2d 9].
SECONDARY SOURCES
5 Witkin & Epstein, California Criminal Law (4th ed. 2012) Criminal Trial, § 661.
3 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 70,
Discovery and Investigation, § 70.05 (Matthew Bender).
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 142, Crimes
Against the Person, § 142.24[3] (Matthew Bender).
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