specialized meaning and court is not required to deﬁne the term sua sponte.
(People v. Griffın (2004) 33 Cal.4th 1015, 1023–1024; People v. Guido (2005) 125
Cal.App.4th 566, 574–576 [22 Cal.Rptr.3d 826]). In People v. Griffın, supra, the
Supreme Court further stated,
Nor is there anything in the common usage deﬁnitions of the term “force,” or
in the express statutory language of section 261 itself, that suggests force in a
forcible rape prosecution actually means force “substantially different from or
substantially greater than” the physical force normally inherent in an act of
consensual sexual intercourse. [People v. Cicero (1984) 157 Cal.App.3d 465,
474 [204 Cal.Rptr. 582].] To the contrary, it has long been recognized that “in
order to establish force within the meaning of section 261, subdivision (2), the
prosecution need only show the defendant used physical force of a degree
sufficient to support a ﬁnding that the act of sexual intercourse was against the
will of the [victim].” (People v. Young (1987) 190 Cal.App.3d 248, 257–258
[235 Cal.Rptr. 361].)
(People v. Griffın, supra, 33 Cal.4th at pp. 1023–1024 [emphasis in original]; see
also People v. Guido (2005) 125 Cal.App.4th 566, 574–576 [22 Cal.Rptr.3d 826]
[Griffın reasoning applies to violation of Pen. Code, § 288a(c)(2)].)
The committee has provided a bracketed deﬁnition of “force,” consistent with
People v. Griffın, supra, that the court may give on request.
LESSER INCLUDED OFFENSES
• Assault. Pen. Code, § 240.
•Assault With Intent to Commit Oral Copulation. Pen. Code, § 220; see In re
Jose M. (1994) 21 Cal.App.4th 1470, 1477 [27 Cal.Rptr.2d 55] [in context of
rape]; People v. Moran (1973) 33 Cal.App.3d 724, 730 [109 Cal.Rptr. 287]
[where forcible crime is charged].
• Attempted Oral Copulation. Pen. Code, §§ 663, 288a.
• Battery. Pen. Code, § 242.
Consent Obtained by Fraudulent Representation
Aperson may also induce someone else to consent to engage in oral copulation by
a false or fraudulent representation made with an intent to create fear, and which
does induce fear and would cause a reasonable person to act contrary to his or her
free will. (Pen. Code, § 266c.) While section 266c requires coercion and fear to
obtain consent, it does not involve physical force or violence. (See People v.
Cardenas (1994) 21 Cal.App.4th 927, 937–938 [26 Cal.Rptr.2d 567] [rejecting
defendant’s argument that certain acts were consensual and without physical force,
and were only violations of section 266c].)
A forcible rape occurs when, during apparently consensual intercourse, the victim
expresses an objection and attempts to stop the act and the defendant forcibly
CALCRIM No. 1015 SEX OFFENSES