CALCRIM (Jury Instructions) Section 1090. LESSER INCLUDED OFFENSES • Attempted Sodomy With Minor Under 14. Pen. Code, §§ 664, 286(c)(1). • Sodomy With Minor Und
CALCRIM (Jury Instructions) § 1090
LESSER INCLUDED OFFENSES
•
Attempted Sodomy With Minor Under 14. Pen. Code, §§ 664, 286(c)(1).
•
Sodomy With Minor Under 18. See 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] [both in context of Pen. Code, § 287(c)].
RELATED ISSUES
Mistake of Fact Defense Not Available
In People v. Olsen (1984) 36 Cal.3d 638 [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.
SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Sex Offenses and
Crimes Against Decency, §§ 27–29, 178.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 142, Crimes
Against the Person, § 142.20[1][b], [3][b] (Matthew Bender).
Couzens & Bigelow, Sex Crimes: California Law and Procedure §§ 12:16, 12:17
(The Rutter Group).
SEX OFFENSES
CALCRIM No. 1090
833
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.
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In simple terms: CALCRIM (Jury Instructions) Section 1090. LESSER INCLUDED OFFENSES • Attempted Sodomy With Minor Under 14. Pen. Code, §§ 664, 286(c)(1). • Sodomy With Minor Und. This means people must follow this rule, and breaking it can lead to criminal penalties.