CALCRIM No. 1036. Sodomy by Fraud (Pen. Code, § 286(j))
Judicial Council of California Criminal Jury Instructions (2020 edition)Download PDF
1036.Sodomy by Fraud (Pen. Code, § 286(j))
The defendant is charged [in Count ] with sodomy by fraud [in
violation of Penal Code section 286(j)].
To prove that the defendant is guilty of this crime, the People must
1. The defendant committed an act of sodomy with someone else;
2. The other person submitted to the sodomy because (he/she)
believed the defendant was someone (he/she) knew, other than the
3. The defendant tricked, lied, [used an artifice or pretense,] or
concealed information, intending to make the other person believe
that he was someone (he/she) knew, while intending to hide his
Sodomy is any penetration, no matter how slight, of the anus of one
person by the penis of another person. [Ejaculation is not required.]
New January 2006; Revised February 2015
The court has a sua sponte duty to give an instruction defining the elements of the
Penal Code section 286(j) was amended effective September 9, 2013, in response to
People v. Morales (2013) 212 Cal.App.4th 583 [150 Cal.Rptr.3d 920].
CALCRIM No. 1031, Sodomy in Concert, may be given in conjunction with this
instruction if appropriate.
• Elements. Pen. Code, § 286(j).
• Sodomy Defined. Pen. Code, § 286(a); see People v. Singh (1923) 62 Cal.App.
450, 452 [217 P. 121] [ejaculation is not required].
LESSER INCLUDED OFFENSES
• Attempted Sodomy by Fraud. Pen. Code, §§ 664, 286(j).
See the Related Issues section under CALCRIM No. 1030, Sodomy by Force, Fear,
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Sex Offenses and
Crimes Against Decency, § 30.
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).
SEX OFFENSES CALCRIM No. 1036