Return to CALJIC Part 9-12 – Contents
F 10.55 n1 Aggravated Sexual Assault Of A Child (PC 269): Lewd And Lascivious Act On Child Under 14 (PC 288) As Lesser Included Offense.
If a defendant violates PC 269 by committing rape, rape in concert, forcible sodomy or oral copulation, or forcible penetration with a foreign object upon a victim meeting the statutory criteria, then the defendant must necessarily have violated PC 288(a) [lewd or lascivious act upon child under 14]. (People v. Lopez (98) 19 C4th 282 [79 CR2d 195].) [See Brief Bank # B-882 for briefing on this issue.]
F 10.55 n2 Aggravated Sexual Assault Of A Child (PC 269): Ex Post Facto.
It is error to instruct the jury that it may convict the defendant of violating PC 269 by finding that one sexual offense occurred between two stated dates, which included a period of time prior to the passage of PC 269. See Brief Bank # B-966 for briefing on this issue.
F 10.55 n3 Aggravated Sexual Assault Of A Child (PC 269): PC 12022.8 Enhancement.
People v. Glass (2004) 114 CA4th 1032 held that each crime listed in PC 269 is listed in PC 12022.8 (5-year enhancement provision). Hence, every defendant convicted of violating PC 269 necessarily commits a crime listed in PC 12022.8.