California Criminal Jury Instructions (CALCRIM) (2017)

1181. Sexual Abuse of Animal

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1181.Sexual Abuse of Animal (Pen. Code, §§ 286.5, 597f)
The defendant is charged [in Count ] with sexual abuse of an
animal [in violation of Penal Code section 286.5].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant sexually assaulted an animal;
2. The defendant did so with the intent of arousing or gratifying
(his/her) own sexual desire;
AND
3. The animal was (abandoned or neglected/ <insert
other description of “animal protected by Pen. Code, § 597f”>).
New January 2006
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of
the crime.
Penal Code section 286.5 only applies to an “animal protected by Section 597f.”
Penal Code section 597f broadly establishes the authority of public officers to take
possession of and care for abandoned and neglected animals. Thus, the committee
has included element 3.
AUTHORITY
• Elements. Pen. Code, §§ 286.5; 597f.
Secondary Sources
2 Witkin & Epstein, California Criminal Law (3d ed. 2000) Sex Offenses and
Crimes Against Decency, § 25.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 144,
Crimes Against Order, § 144.12[1] (Matthew Bender).
Couzens & Bigelow, Sex Crimes: California Law and Procedure §§ 12:16, 12:17
(The Rutter Group).
1182–1189. Reserved for Future Use
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