California Criminal Jury Instructions (CALCRIM) (2017)

1123. Aggravated Sexual Assault of Child Under 14 Years

Download PDF
1123.Aggravated Sexual Assault of Child Under 14 Years (Pen.
Code, § 269(a))
The defendant is charged [in Count ] with aggravated sexual
assault of a child who was under the age of 14 years and at least seven
years younger than the defendant [in violation of Penal Code section
269(a)].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant committed <insert sex offense
specified in Pen. Code, § 269(a)(1)–(5)> on another person;
AND
2. When the defendant acted, the other person was under the age
of 14 years and was at least seven years younger than the
defendant.
To decide whether the defendant committed <insert sex
offense specified in Pen. Code, § 269(a)(1)–(5)>, please refer to the
separate instructions that I (will give/have given) you on that crime.
[Under the law, a person becomes one year older as soon as the first
minute of his or her birthday has begun.]
New January 2006; Revised June 2007
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of
the crime.
In element 1 and in the sentence following element 2, insert the sex offense
specified in Penal Code section 269(a)(1)–(5) that is charged. The sex offenses
specified in section 269(a)(1)–(5) and their applicable instructions are:
1. Rape (Pen. Code, § 261(a)(2); see CALCRIM No. 1000, Rape or Spousal Rape
by Force, Fear, or Threats).
2. Rape or sexual penetration in concert (Pen. Code, § 264.1; see CALCRIM No.
1001, Rape or Spousal Rape in Concert, and CALCRIM No. 1046, Sexual
Penetration in Concert).
3. Sodomy (Pen. Code, § 286(c)(2); see CALCRIM No. 1030, Sodomy by Force,
Fear, or Threats).
4. Oral copulation (Pen. Code, § 288a(c)(2); see CALCRIM No. 1015, Oral
Copulation by Force, Fear, or Threats).
852
0144
5. Sexual penetration (Pen. Code, § 289(a); see CALCRIM No. 1045, Sexual
Penetration by Force, Fear, or Threats).
Give the bracketed paragraph about calculating age if requested. (Fam. Code,
§ 6500; In re Harris (1993) 5 Cal.4th 813, 849–850 [21 Cal.Rptr.2d 373, 855 P.2d
391].)
AUTHORITY
• Elements. Pen. Code, § 269(a).
Secondary Sources
2 Witkin & Epstein, California Criminal Law (3d ed. 2000) Sex Offenses and
Crimes Against Decency, § 54.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 142,
Crimes Against the Person, § 142.20[2][a], [c], [7][c] (Matthew Bender).
Couzens & Bigelow, Sex Crimes: California Law and Procedure §§ 12:16, 12:17
(The Rutter Group).
LESSER INCLUDED OFFENSES
• Simple Assault. Pen. Code, § 240.
Underlying Sex Offense. Pen. Code, §§ 261(a)(2) [rape], 264.1 [rape or sexual
penetration in concert], 286(c)(2) [sodomy], 288a(c)(2) [oral copulation], 289(a)
[sexual penetration].
SEX OFFENSES CALCRIM No. 1123
853
0145