1019. Oral Copulation of a Disabled Person
The defendant is charged [in Count ______] with oral copulation of a mentally or physically disabled person.
To prove that the defendant is guilty of this crime, the People must prove that:
1. The defendant committed an act of oral copulation with someone else;
2. The other person had a (mental disorder/developmental or physical disability) that prevented (him/her) from legally consenting;
3. The defendant knew or reasonably should have known that the other person had a (mental disorder/ developmental or physical disability) that prevented (him/ her) from legally consenting.
Oral copulation is any contact, no matter how slight, between the mouth of one person and the sexual organ or anus of another person. Penetration is not required.
A person is prevented from legally consenting if he or she is unable to understand the act, its nature, and possible consequences.
The court has a sua sponte duty to give an instruction defining the elements of the crime.
CALCRIM No. 1016, Oral Copulation in Concert, may be given in conjunction with this instruction, if appropriate.
Elements. Pen. Code, § 288a(a), (g).
Consent Defined. Pen. Code, § 261.6; People v. Boggs (1930) 107 Cal.App. 492, 495-496 [290 P. 618].
Oral Copulation Defined. People v. Grim (1992) 9 Cal.App.4th 1240, 1242-1243 [11 Cal.Rptr.2d 884].
2 Witkin & Epstein, California Criminal Law (3d ed. 2000) Sex Offenses and Crimes Against Decency, §§ 31-33, 35.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 142, Crimes Against the Person, § 142.20[c],  (Matthew Bender).
Lesser Included Offenses
Attempted Oral Copulation. Pen. Code, §§ 663, 288a.
(New January 2006)