CALCRIM (Jury Instructions) Section 1124. BENCH NOTES Instructional Duty The court has a sua sponte duty to give this instruction defining the elements of the cr
CALCRIM (Jury Instructions) § 1124
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of the
crime.
The court has a sua sponte duty to define the elements of the underlying/target sex
offense. (See People v. Hughes (2002) 27 Cal.4th 287, 349 [116 Cal.Rptr.2d 401, 39
P.3d 432 and People v. May (1989) 213 Cal.App.3d 118, 129 [261 Cal.Rptr. 502].)
AUTHORITY
•
Elements and Enumerated Offenses. Pen. Code, § 288.3(a).
•
Calculating Age. Fam. Code, § 6500; In re Harris (1993) 5 Cal.4th 813,
849–850 [21 Cal.Rptr.2d 373, 855 P.2d 391].
•
Attempted Contact or Communication Does Not Require Minor Victim. People
v. Korwin (2019) 36 Cal.App.5th 682, 688 [248 Cal.Rptr.3d 763].
LESSER INCLUDED OFFENSES
Attempted oral copulation is not a necessarily included offense of Penal Code
section 288.3 under the statutory elements test, because luring can be committed
without a direct act. (People v. Medelez (2016) 2 Cal.App.5th 659, 663 [206
Cal.Rptr.3d 402].)
SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Sex Offenses and
Crimes Against Decency, §§ 67, 178.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 142, Crimes
Against the Person, § 142.21 (Matthew Bender).
Couzens & Bigelow, Sex Crimes: California Law and Procedure §§ 12:17, 12:18
(The Rutter Group).
CALCRIM No. 1124
SEX OFFENSES
872
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 1124. BENCH NOTES Instructional Duty The court has a sua sponte duty to give this instruction defining the elements of the cr. This means people must follow this rule, and breaking it can lead to criminal penalties.