Criminal Law

1021. Oral Copulation by Fraud

The defendant is charged [in Count ______] with oral copulation by fraud.

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 submitted to the oral copulation because (he/she) believed the person was (his/her) spouse;


3. The defendant tricked, lied, [used an artifice or pretense,] or concealed information, intending to make the other person believe they were married to each other.

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.

Bench Notes

Instructional Duty

The court has a sua sponte duty to give an instruction defining the elements of the crime.


Elements. Pen. Code, § 288a(a), (j).

Oral Copulation Defined. People v. Grim (1992) 9 Cal.App.4th 1240, 1242-1243 [11 Cal.Rptr.2d 884].

Secondary Sources

2 Witkin & Epstein, California Criminal Law (3d ed. 2000) Sex Offenses and Crime Against Decency, §§ 31-34.

6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 142, Crimes Against the Person, § 142.20[1][c], [6] (Matthew Bender).

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.

(New January 2006)