California Criminal Jury Instructions (CALCRIM) (2017)

1022. Oral Copulation While in Custody

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1022.Oral Copulation While in Custody (Pen. Code, § 288a(a),
The defendant is charged [in Count ] with oral copulation
committed while (he/she) was confined in (state prison/a local detention
facility) [in violation of Penal Code section 288a(e)].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant participated in an act of oral copulation with
someone else;
2. At the time of the act, the defendant was confined in a (state
prison/local detention facility).
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.
[<insert name of facility> is a (state prison/local detention
facility).] [A state prison is any prison or institution maintained by the
Department of Corrections and Rehabilitation.] [A local detention
facility includes any city, county, or regional jail or other facility used to
confine adults [or both adults and minors].]
New January 2006; Revised August 2016
Instructional Duty
The court has a sua sponte duty to give an instruction defining the elements of the
A space is provided to identify a state prison or local detention facility if the
parties agree that there is no issue of fact. Alternatively, if there is a factual dispute
about whether the defendant was confined in a state prison or local detention
facility, give the second or third bracketed sentences (or both, if necessary). (See
Pen. Code, §§ 4504, 5003, 6031.4.)
Related Instructions
CALCRIM No. 1016, Oral Copulation in Concert, may be given in conjunction
with this instruction, if appropriate.
• Elements. Pen. Code, § 288a(a), (e).
Local Detention Facility Defined. Pen. Code, § 6031.4.
• State Prison Defined. Pen. Code, §§ 4504, 5003.
• 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 (4th ed. 2012) Sex Offenses and
Crimes Against Decency, §§ 35, 36, 178.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 142,
Crimes Against the Person, § 142.20[1][c], [4] (Matthew Bender).
Couzens & Bigelow, Sex Crimes: California Law and Procedure §§ 12:16, 12:17
(The Rutter Group).
• Attempted Oral Copulation. Pen. Code, §§ 663, 288a.
See the Related Issues Section to CALCRIM No. 1015, Oral Copulation by Force,
Fear, or Threats.
1023–1029. Reserved for Future Use