CALCRIM No. 1021. Oral Copulation by Fraud (Pen. Code, § 287(a), (j))

Judicial Council of California Criminal Jury Instructions (2023 edition)

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1021.Oral Copulation by Fraud (Pen. Code, § 287(a), (j))
The defendant is charged [in Count ] with oral copulation by
fraud [in violation of Penal Code section 287(j)].
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 defendant was someone (he/she) knew, other
than the defendant;
AND
3. The defendant tricked, lied, [used an artifice or pretense,] or
concealed information, intending to make the other person believe
(he/she) was someone (he/she) knew, while intending to hide (his/
her) own identity.
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.
New January 2006; Revised February 2015, September 2022
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give an instruction defining the elements of the
crime.
AUTHORITY
• Elements. Pen. Code, § 287(a), (j).
• Oral Copulation Defined. People v. Grim (1992) 9 Cal.App.4th 1240, 1242-1243
[11 Cal.Rptr.2d 884].
LESSER INCLUDED OFFENSES
• Attempted Oral Copulation. Pen. Code, §§ 663, 287.
RELATED ISSUES
See the Related Issues Section to CALCRIM No. 1015, Oral Copulation by Force,
Fear, or Threats.
SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Sex Offenses and
Crime Against Decency, § 38.
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6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 142, Crimes
Against the Person, § 142.20[1][c], [6] (Matthew Bender).
Couzens & Bigelow, Sex Crimes: California Law and Procedure §§ 12:16, 12:17
(The Rutter Group).
SEX OFFENSES CALCRIM No. 1021
765

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