CALCRIM (Jury Instructions) Section 1152. BENCH NOTES Instructional Duty The court has a sua sponte duty to give this instruction defining the elements of the cr
CALCRIM (Jury Instructions) § 1152
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of the
crime.
In element 1, give the appropriate alternative A–C depending on the evidence in the
case. When giving alternative 1B, “offered,” give element 3 as well.
Give the bracketed paragraph about calculating age if requested. (Fam. Code,
§ 6500; In re Harris (1993) 5 Cal.4th 813, 849–850 [21 Cal.Rptr.2d 373, 855 P.2d
391].)
Related Instructions
See CALCRIM Nos. 1110–1112, relating to lewd and lascivious acts in violation of
Penal Code section 288.
AUTHORITY
•
Elements. Pen. Code, § 266j.
•
Any Touching of Child With Intent to Arouse. People v. Martinez (1995) 11
Cal.4th 434, 443–445, 452 [45 Cal.Rptr.2d 905, 903 P.2d 1037] [in context of
Pen. Code, § 288; disapproving People v. Wallace (1992) 11 Cal.App.4th 568,
574–580 [14 Cal.Rptr.2d 67] and its progeny]; see People v. Diaz (1996) 41
Cal.App.4th 1424, 1427–1428 [49 Cal.Rptr.2d 252] [list of examples].
•
Child Touching Own Body Parts at Defendant’s Request. People v. Meacham
(1984) 152 Cal.App.3d 142, 152–153 [199 Cal.Rptr. 586] [“constructive”
touching; approving Austin instruction in context of Pen. Code, § 288]; People v.
Austin (1980) 111 Cal.App.3d 110, 114–115 [168 Cal.Rptr. 401].
•
Lewd Defined. In re Smith (1972) 7 Cal.3d 362, 365 [102 Cal.Rptr. 335, 497
P.2d 807] [in context of indecent exposure].
LESSER INCLUDED OFFENSES
•
Attempted Child Procurement. Pen. Code, §§ 664, 266j.
RELATED ISSUES
Corroboration Not Required
A minor victim is not an accomplice and the jury need not be instructed that the
minor’s testimony requires corroboration. (People v. Mena (1988) 206 Cal.App.3d
420, 425 [254 Cal.Rptr. 10].)
See CALCRIM Nos. 1110–1112, relating to lewd and lascivious acts in violation of
Penal Code section 288.
SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Sex Offenses and
Crimes Against Decency, §§ 46, 54–55.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 144, Crimes
SEX OFFENSES
CALCRIM No. 1152
921
Against Order, § 144.11[3] (Matthew Bender).
Couzens & Bigelow, Sex Crimes: California Law and Procedure §§ 12:16, 12:17
(The Rutter Group).
CALCRIM No. 1152
SEX OFFENSES
922
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 1152. 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.