CALCRIM No. 1034. Sodomy of a Disabled Person
Judicial Council of California Criminal Jury Instructions (2017 edition)Download PDF
1034.Sodomy of a Disabled Person (Pen. Code, § 286(g))
The defendant is charged [in Count ] with sodomy of a mentally
or physically disabled person [in violation of Penal Code section 286(g)].
To prove that the defendant is guilty of this crime, the People must
1. The defendant committed an act of sodomy with another person;
2. The other person had a (mental disorder/developmental or
physical disability) that prevented (him/her) from legally
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.
Sodomy is any penetration, no matter how slight, of the anus of one
person by the penis of another person. [Ejaculation 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
The court has a sua sponte duty to give an instruction deﬁning the elements of the
CALCRIM No. 1031, Sodomy in Concert, may be given in conjunction with this
instruction, if appropriate.
• Elements. Pen. Code, § 286(g).
•Prevented from Legally Consenting, Deﬁned. People v. Boggs (1930) 107
Cal.App. 492, 495–496 [290 P. 618].
• Sodomy Deﬁned. Pen. Code, § 286(a); see People v. Singh (1928) 62 Cal.App.
450, 452 [217 P. 121] [ejaculation is not required].
2 Witkin & Epstein, California Criminal Law (3d ed. 2000) Sex Offenses and
Crimes Against Decency, §§ 26, 29.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 142,
Crimes Against the Person, § 142.20[b],  (Matthew Bender).
Couzens & Bigelow, Sex Crimes: California Law and Procedure §§ 12:16, 12:17
(The Rutter Group).
LESSER INCLUDED OFFENSES
• Attempted Sodomy of Disabled Person. Pen. Code, §§ 664, 286(g).
See the Related Issues section under CALCRIM No. 1030, Sodomy by Force, Fear,
or Threats, and CALCRIM No. 1004, Rape of a Disabled Woman.
SEX OFFENSES CALCRIM No. 1034
© Judicial Council of California.