Section 1701 | CALCRIM (Jury Instructions)

person must actually have seen the defendant’s genitals.” (People v. Carbajal (2003)
114 Cal.App.4th 978, 986 [8 Cal.Rptr.3d 206].)
Burglary
Felony indecent exposure can be the underlying felony to support a burglary charge.
(People v. Rehmeyer (1993) 19 Cal.App.4th 1758, 1767 [24 Cal.Rptr.2d 321].)
After Entering
The statute does not require that the defendant expose himself or herself while still
in the home. (See People v. Mendoza (2004) 118 Cal.App.4th 571, 575–576 [13
Cal.Rptr.3d 195] [discussing identical language in Pen. Code, § 647.6(a)].) It is
sufficient if the defendant engaged in the conduct after entering the home and there
is “a clear nexus between the residential entry and the . . . conduct.” (Id. at p. 576.)
See the Related Issues section to CALCRIM No. 1701, Burglary: Degrees, for
additional authority on “inhabited dwelling house.”
SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Sex Offenses and
Crimes Against Decency, §§ 126–129.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 144, Crimes
Against Order, § 144.11[1] (Matthew Bender).
Couzens & Bigelow, Sex Crimes: California Law and Procedure §§ 12:16, 12:17
(The Rutter Group).
CALCRIM No. 1160
SEX OFFENSES
932

If the area alleged to have been entered is something other than a building or locked
vehicle, insert the appropriate statutory target in the blanks in elements 1 and 2.
Penal Code section 459 specifies the structures and places that may be the targets of
burglary. The list includes a house, room, apartment, tenement, shop, warehouse,
store, mill, barn, stable, outhouse or other building, tent, vessel, floating home as
defined in Health and Safety Code section 18075.55(d), railroad car, locked or
sealed cargo container whether or not mounted on a vehicle, trailer coach as defined
in Vehicle Code section 635, house car as defined in Vehicle Code section 362,
inhabited camper as defined in Vehicle Code section 243, locked vehicle as defined
by the Vehicle Code, aircraft as defined in Public Utilities Code section 21012, or
mine or any underground portion thereof. (See Pen. Code, § 459.)
On request, give the bracketed paragraph that begins with “Under the law of
burglary,” if there is evidence that only a portion of the defendant’s body, or an
instrument, tool, or other object under his or control, entered the building. (See
People v. Valencia (2002) 28 Cal.4th 1, 7–8 [120 Cal.Rptr.2d 131, 46 P.3d 920];
People v. Davis (1998) 18 Cal.4th 712, 717–722 [76 Cal.Rptr.2d 770, 958 P.2d
1083].)
On request, give the bracketed sentence defining “outer boundary” if there is
evidence that the outer boundary of a building for purposes of burglary was a
window screen. (See People v. Valencia (2002) 28 Cal.4th 1, 12–13 [120
Cal.Rptr.2d 131, 46 P.3d 920].)
Whenever a private, residential apartment and its balcony are on the second or
higher floor of a building, and the balcony is designed to be entered only from
inside the apartment, that balcony is