California Criminal Jury Instructions (CALCRIM) (2017)

1127. Engaging in Sexual Intercourse or Sodomy With Child 10 Years of Age or Younger (Pen. Code, § 288.7(a))

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1127.Engaging in Sexual Intercourse or Sodomy With Child 10
Years of Age or Younger (Pen. Code, § 288.7(a))
The defendant is charged [in Count ] with engaging in (sexual
intercourse/ [or] sodomy) with a child 10 years of age or younger [in
violation of Penal Code section 288.7(a)].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant engaged in an act of (sexual intercourse/ [or]
sodomy) with <insert name of complaining witness>;
2. When the defendant did so, <insert name of
complaining witness> was 10 years of age or younger;
3. At the time of the act, the defendant was at least 18 years old.
[Under the law, a person becomes one year older as soon as the first
minute of his or her birthday has begun.]
[Sexual intercourse means any penetration, no matter how slight, of the
vagina or genitalia by the penis. [Ejaculation is not required.]]
[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 August 2009; Revised February 2013
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of
the crime.
AUTHORITY
• Elements. Pen. Code, § 288.7(a).
• Penetration Defined. Pen. Code, § 263; People v. Karsai (1982) 131
Cal.App.3d 224, 233–234 [182 Cal.Rptr. 406], disapproved on other grounds by
People v. Jones (1988) 46 Cal.3d 585, 600 [250 Cal.Rptr. 635, 758 P.2d 1165].
• Sodomy Defined. Pen. Code, § 286(a); see People v. Singh (1923) 62 Cal.App.
450, 452 [217 P. 121] [ejaculation is not required].
• Calculating Age. Fam. Code, § 6500; People v. Cornett (2012) 53 Cal.4th
1261, 1264, 1275 [139 Cal.Rptr.3d 837, 274 P.3d 456] [“10 years of age or
younger” means “under 11 years of age”]; In re Harris (1993) 5 Cal.4th 813,
849–850 [21 Cal.Rptr.2d 373, 855 P.2d 391].
861
0153
Secondary Sources
2 Witkin & Epstein, California Criminal Law (3d ed. 2008 supp.) Sex Offenses and
Crimes Against Decency, §§ 21, 27.
Couzens & Bigelow, Sex Crimes: California Law and Procedure §§ 12:16, 12:17
(The Rutter Group).
CALCRIM No. 1127 SEX OFFENSES
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0154