CALCRIM (Jury Instructions) Section 1080. • Minor’s Consent Not a Defense. See People v. Kemp (1934) 139 Cal.App. 48, 51 [34 P.2d 502] [in context of statutory
CALCRIM (Jury Instructions) § 1080
•
Minor’s Consent Not a Defense. See People v. Kemp (1934) 139 Cal.App. 48,
51 [34 P.2d 502] [in context of statutory rape].
LESSER INCLUDED OFFENSES
•
Oral Copulation With Minor Under 18. People v. Culbertson (1985) 171
Cal.App.3d 508, 516 [217 Cal.Rptr. 347]; People v. Jerome (1984) 160
Cal.App.3d 1087, 1097–1098 [207 Cal.Rptr. 199].
RELATED ISSUES
Mistake of Fact Defense Not Available
In People v. Olsen (1984) 36 Cal.3d 638, 649 [205 Cal.Rptr. 492, 685 P.2d 52], the
court held that the defendant’s mistaken belief that the victim was over 14 was no
defense to a charge of lewd and lascivious acts with a child under 14.
Attempted Oral Copulation is Not a Lesser Included Offense
People v. Mendoza (2015) 240 Cal.App.4th 72, 84 [191 Cal.Rptr.3d 905].
SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Sex Offenses and
Crimes Against Decency, §§ 35–37, 178.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 142, Crimes
Against the Person, § 142.20[1][c], [3][b] (Matthew Bender).
Couzens & Bigelow, Sex Crimes: California Law and Procedure §§ 12:16, 12:17
(The Rutter Group).
SEX OFFENSES
CALCRIM No. 1080
827
This section of the CALCRIM (Jury Instructions) establishes legal requirements and provisions that apply to specific circumstances in California law.
This section applies when the specific conditions outlined in the statute are met. The exact applicability depends on the facts of each situation.
Penalties vary based on the specific violation and circumstances. They may include fines, imprisonment, or other legal consequences as specified in the California code.
Side-by-side with Westlaw and LexisNexis
| Feature | FlawFinder | Westlaw | LexisNexis |
|---|---|---|---|
| Monthly price | $19 - $99 | $133 - $646 | $153 - $399 |
| Contract | None | 1-3 year min | 1-6 year min |
| Hidden fees | $0, always | Up to $469/search | $25/mo + per-doc |
| Police SOPs | ✓ 310+ departments | ✗ | ✗ |
| Zero-hallucination AI | ✓ CitationGuard | ✗ | ✗ |
| Cancel | One click | Termination fees | No option to cancel |
In simple terms: CALCRIM (Jury Instructions) Section 1080. • Minor’s Consent Not a Defense. See People v. Kemp (1934) 139 Cal.App. 48, 51 [34 P.2d 502] [in context of statutory. This means people must follow this rule, and breaking it can lead to criminal penalties.