CALCRIM (Jury Instructions) Section 1181. assisting with the birthing process of animals or any other practice that provides care for an animal, or to any gener
CALCRIM (Jury Instructions) § 1181
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
946
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 1181. assisting with the birthing process of animals or any other practice that provides care for an animal, or to any gener. This means people must follow this rule, and breaking it can lead to criminal penalties.