CALCRIM No. 1181. Sexual Abuse of Animal (Pen. Code, § 286.5)

Judicial Council of California Criminal Jury Instructions (2023 edition)

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1181.Sexual Abuse of Animal (Pen. Code, § 286.5)
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 had sexual contact with an animal;
AND
2. The defendant did so with the intent of sexual arousal or
gratification, abuse, or financial gain.
Sexual contact means any act between a person and an animal involving
contact between the sex organs or anus of one and the mouth, sex
organs, or anus of the other, or, without a bona fide veterinary or animal
husbandry purpose, the insertion, however slight, of any part of the
body of a person or any object into the vaginal or anal opening of an
animal, or the insertion of any part of the body of an animal into the
vaginal or anal opening of a person.
[Animal means any nonhuman creature, whether alive or dead.]
<Defense: Veterinarian>
[The defendant is not guilty of this offense if (he/she) was a licensed
veterinarian who performed a lawful and accepted practice related to
veterinary medicine. The People have the burden of proving beyond a
reasonable doubt that the defendant was not a veterinarian who
performed a lawful and accepted practice. If the People have not met
this burden, you must find the defendant not guilty of this offense.]
<Defense: Veterinary Technician>
[The defendant is not guilty of this offense if (he/she) was a certified
veterinary technician who, under the guidance of a licensed veterinarian,
performed a lawful and accepted practice related to veterinary medicine.
The People have the burden of proving beyond a reasonable doubt that
the defendant was not a veterinary technician who performed a lawful
and accepted practice under the guidance of a licensed veterinarian. If
the People have not met this burden, you must find the defendant not
guilty of this offense.]
<Defense: Conduct Authorized>
[The defendant is not guilty of this offense if (he/she) performed any
artificial insemination of animals for reproductive purposes, any
accepted animal husbandry practices such as raising, breeding, or
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assisting with the birthing process of animals or any other practice that
provides care for an animal, or to any generally accepted practices
related to the judging of breed conformation. The People have the
burden of proving beyond a reasonable doubt that the defendant was not
authorized to perform the act. If the People have not met this burden,
you must find the defendant not guilty of this offense.]
New January 2006; Revised September 2022
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of the
crime.
If there is sufficient evidence that the defendant was a licensed veterinarian or a
certified veterinary technician, or was otherwise authorized to perform the act, give
the relevant bracketed Defense paragraph.
AUTHORITY
Elements. Pen. Code, § 286.5.
Sexual Contact Defined. Pen. Code, § 286.5(c)(2).
Animal Defined. Pen. Code, § 286.5(c)(1).
Exceptions. Pen. Code, § 286.5(b).
SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Sex Offenses and
Crimes Against Decency, § 27.
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
CALCRIM No. 1181 SEX OFFENSES
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