California Criminal Jury Instructions (CALCRIM) (2017)

1019. Oral Copulation of a Disabled Person

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1019.Oral Copulation of a Disabled Person (Pen. Code,
§ 288a(a), (g))
The defendant is charged [in Count ] with oral copulation of a
mentally or physically disabled person [in violation of Penal Code
section 288a(g)].
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;
AND
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.
New January 2006; Revised August 2012
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give an instruction defining the elements of the
crime.
Related Instructions
CALCRIM No. 1016, Oral Copulation in Concert, may be given in conjunction
with this instruction, if appropriate.
AUTHORITY
• 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].
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• This Instruction Completely Explains Inability to Give Legal Consent. People
v. Miranda (2011) 199 Cal.App.4th 1403, 1419, fn. 13 [132 Cal.Rptr.3d 315] [in
dicta].
Secondary Sources
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[1][c], [5] (Matthew Bender).
Couzens & Bigelow, Sex Crimes: California Law and Procedure §§ 12:16, 12:17
(The Rutter Group).
LESSER INCLUDED OFFENSES
• Attempted Oral Copulation. Pen. Code, §§ 663, 288a.
RELATED ISSUES
See the Related Issues Section to CALCRIM No. 1015, Oral Copulation by Force,
Fear, or Threats, and CALCRIM No. 1004, Rape of a Disabled Woman.
CALCRIM No. 1019 SEX OFFENSES
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