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SERIES 1000 SEX OFFENSES

F 1001.1 Titles And Identification Of Parties
F 1001.2 Rape Or Spousal Rape In Concert—Tailoring To Facts: Persons, Places, Things And Theories
F 1001.3 Rape Or Spousal Rape In Concert—Language That Is Argumentative, Confusing, Etc.
F 1001.4 Rape Or Spousal Rape In Concert—Burden Of Proof Issues

TABLE OF CONTENTS
F 1001.1 Titles And Identification Of Parties
F 1001.1 Inst 1 Rape Or Spousal Rape In Concert—Title
F 1001.1 Inst 2 Identification Of Prosecution And Defendant

F 1001.2 Rape Or Spousal Rape In Concert—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]

F 1001.3 Rape Or Spousal Rape In Concert—Language That Is Argumentative, Confusing, Etc.
F 1001.3 Inst 1 Deletion Of Argumentative Language

F 1001.4 Rape Or Spousal Rape In Concert—Burden Of Proof Issues
F 1001.4 Inst 1 Relating Prosecution Burden To Enumerated Elements

Return to Series 1000 Table of Contents.


F 1001.1 Titles And Identification Of Parties

F 1001.1 Inst 1 Rape Or Spousal Rape In Concert—Title

See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.


F 1001.1 Inst 2 Identification Of Prosecution And Defendant

See generally FORECITE F 100.2 Note 1and CALCRIM Motion Bank # CCM-005 and CALCRIM Motion Bank # CCM-006.


F 1001.2Rape Or Spousal Rape In Concert—Tailoring To Facts: Persons, Places, Things And Theories

F 1001.2 Inst 1 Tailoring To Facts

*Modify CC 1001, Elements 1 and/or 1/2 as follows [added language is underlined; deleted language is stricken]:

<Alternative A—defendant committed rape>

[1.] [The defendant personally committed forcible rape and voluntarily acted with someone else _______________ <name of person alleged to have acted in concert with defendant> who aided and abetted its commission(;/.)]

[OR]

<Alternative B—defendant aided and abetted>

[(1/2).] [The defendant voluntarily aided and abetted someone else _______________ <name of person alleged to have acted in concert with defendant> who personally committed forcible rape.]

Points and Authorities

See FORECITE F 400.2 Inst 1.


F 1001.3 Rape Or Spousal Rape In Concert—Language That Is Argumentative, Confusing, Etc.

F 1001.3 Inst 1 Deletion Of Argumentative Language

*Modify CC 1001, last paragraph as follows [deleted language is stricken]:

[To prove the crime of rape in concert, the People do not have to prove a prearranged plan or scheme to commit rape.]

Points and Authorities

See FORECITE F 416.3 Inst 4.


F 1001.4 Rape Or Spousal Rape In Concert—Burden Of Proof Issues

F 1001.4 Inst 1 Relating Prosecution Burden To Enumerated Elements

See FORECITE F 400.4 Inst 1.

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