CALCRIM No. 1123. Aggravated Sexual Assault of Child Under 14 Years (Pen. Code, § 269(a))
Judicial Council of California Criminal Jury Instructions (2023 edition)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
To prove that the defendant is guilty of this crime, the People must
1. The defendant committed <insert sex offense specified
in Pen. Code, § 269(a)(1)-(5)> on another person;
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, March 2022
The court has a sua sponte duty to give this instruction defining the elements of the
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 by Force, Fear,
2. Rape or sexual penetration in concert (Pen. Code, § 264.1; see CALCRIM No.
1001, Rape in Concert, and CALCRIM No. 1046, Sexual Penetration in
3. Sodomy (Pen. Code, § 286(c)(2); see CALCRIM No. 1030, Sodomy by Force,
Fear, or Threats).
4. Oral copulation (Pen. Code, § 287(c)(2); see CALCRIM No. 1015, Oral
Copulation by Force, Fear, or Threats).
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
• Elements. Pen. Code, § 269(a).
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], 287(c)(2) [oral copulation], 289(a)
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Sex Offenses and
Crimes Against Decency, §§ 65, 178.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 142, Crimes
Against the Person, § 142.20[a], [c], [c] (Matthew Bender).
Couzens & Bigelow, Sex Crimes: California Law and Procedure §§ 12:18, 12:19
(The Rutter Group).
CALCRIM No. 1123 SEX OFFENSES
© Judicial Council of California.