SERIES 1000 SEX OFFENSES
F 1030 Sodomy By Force, Fear, Or Threats (PC 286(c)(2) & (3), (k))
TABLE OF CONTENTS
F 1030.1 Titles And Identification Of Parties
F 1030.1 Inst 1 Sodomy By Force, Fear, Or Threats—Title
F 1030.1 Inst 2 Identification Of Prosecution And Defendant
F 1030.2 Sodomy By Force, Fear, Or Threats—Tailoring To Facts: Persons, Places, Things And Theories
F 1030.2 Inst 1 Tailoring To Facts; Include Definition Of Sodomy In Description Of Elements
F 1030.3 Sodomy By Force, Fear, Or Threats—Language That Is Argumentative, Confusing, Etc.
F 1030.3 Inst 1 Deletion Of Argumentative Language
F 1030.4 Sodomy By Force, Fear, Or Threats—Burden Of Proof Issues
F 1030.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
F 1030.4 Inst 2 Consent: Modification Of Burden Shifting Language; Include In Element 3
F 1030.4 Inst 3 Victim’s Lack Of Clothing Insufficient To Establish Specific Sexual Intent
F 1030.4 Inst 4 Modification Required Where ID At Issue
F 1030.5 Sodomy By Force, Fear, Or Threats—Elements And Definitions
F 1030.5 Inst 1 Victim Alive As Element
F 1030.5 Inst 2 Definition Of Kidnap And False Imprisonment
F 1030.5 Inst 3 Alternative 4A: Include Definitions In Elements
F 1030.5 Inst 4 Proof Necessary To Establish Element Of Fear (PC 26)
F 1030.5 Inst 5 Forcible Sex Offenses: Prior “Dating” Relationship Should Not Be Ignored (PC 261.6)
F 1030.5 Inst 6 Forcible Sex Offenses: Definition Of Duress
F 1030.6 Sodomy By Force, Fear, Or Threats—Defense Theories
F 1030.6 Inst 1 Sex Offense: Good Faith Belief That Victim Was Dead
F 1030.6 Inst 2 Forcible Sex Offenses: Consent Defined—No Need To Instruct On Prior “Dating” Relationship
F 1030.7 Sodomy By Force, Fear, Or Threats—Preliminary Fact Issues [Reserved]
F 1030.8 Sodomy By Force, Fear, Or Threats—Unanimity/Duplicity/Multiplicity [Reserved]
F 1030.9 Sodomy By Force, Fear, Or Threats—Lesser Offense Issues [Reserved]
F 1030 Notes
F 1030 Note 1 Sodomy By Force, Fear, Or Threats—CALCRIM Cross-References And Research Notes
Return to Series 1000 Table of Contents.
F 1030.1 Titles And Identification Of Parties
F 1030.1 Inst 1 Sodomy By Force, Fear, Or Threats—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 1030.1 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 1030.2 Sodomy By Force, Fear, Or Threats—Tailoring To Facts: Persons, Places, Things And Theories
F 1030.2 Inst 1 Tailoring To Facts; Include Definition Of Sodomy In Description Of Elements
*Modify CC 1030, Element 1, as follows [added language is underlined; deleted language is stricken]:
1. The defendant committed an act of sodomy with another person penetrated the anus of _______________ <name of alleged victim> with his penis;
Points and Authorities
See FORECITE F 400.2 Inst 1.
F 1030.3 Sodomy By Force, Fear, Or Threats—Language That Is Argumentative, Confusing, Etc.
F 1030.3 Inst 1 Deletion Of Argumentative Language
*Modify CC 1030, paragraph 3, as follows [deleted language is stricken]:
. . ., no matter how slight, . . .
*Modify CC 1030, paragraph 3, as follows [deleted language is stricken]:
[Ejaculation is not required.]
[NOTE: Paragraph 3 should be included in Element 1. (See FORECITE F 402.5 Inst 6.)]
*Modify CC 1030, paragraph 5, as follows [deleted language is stricken]:
[Evidence that the defendant and the other person (dated/were married/had been married) is not enough by itself to constitute consent.]
*Modify CC 1030, paragraph 6, as follows [deleted language is stricken]:
[Evidence that the other person (requested/suggested/communicated) that the defendant use a condom or other birth control device is not enough by itself to constitute consent.]
Points and Authorities
See FORECITE F 416.3 Inst 4.
F 1030.4 Sodomy By Force, Fear, Or Threats—Burden Of Proof Issues
F 1030.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
See FORECITE F 400.4 Inst 1.
F 1030.4 Inst 2 Consent: Modification Of Burden Shifting Language; Include In Element 3
*Modify CC 1030, Element 2, as follows [added language is underlined; deleted language is stricken]:
2. The other person _______________ <name of alleged victim> did not, knowing the nature of the act, freely and voluntarily consent to the act;
[Delete definition of consent later in instruction.]
Points and Authorities
See FORECITE F 1000.4 Inst 2.
F 1030.4 Inst 3Victim’s Lack Of Clothing Insufficient To Establish Specific Sexual Intent
See FORECITE F 1000.4 Inst 5.
F 1030.4 Inst 4 Modification Required Where ID At Issue
*Modify CC 1030, paragraph 8, sentence 2 as follows [added language is underlined; deleted language is stricken]:
When deciding whether the act was accomplished by duress, consider all the circumstances, including the age of the other person and (his/her) relationship to the defendant perpetrator.]
Points and Authorities
See FORECITE F 1000.4 Inst 6.
F 1030.5 Sodomy By Force, Fear, Or Threats—Elements And Definitions
F 1030.5 Inst 1 Victim Alive As Element
See FORECITE F 1000.5 Inst 5.
F 1030.5 Inst 2Definition Of Kidnap And False Imprisonment
See FORECITE F 1000.5 Inst 6.
F 1030.5 Inst 3 Alternative 4A: Include Definitions In Elements
See FORECITE F 1000.5 Inst 7.
F 1030.5 Inst 4 Proof Necessary To Establish Element Of Fear(PC 26)
See FORECITE F 1000.5 Inst 8.
F 1030.5 Inst 5 Forcible Sex Offenses: Prior “Dating” Relationship Should Not Be Ignored (PC 261.6)
See FORECITE F 1000.5 Inst 5.
F 1030.5 Inst 6 Forcible Sex Offenses: Definition Of Duress
See FORECITE F 1111.5 Inst 2.
F 1030.6 Sodomy By Force, Fear, Or Threats—Defense Theories
F 1030.6 Inst 1 Sex Offense: Good Faith Belief That Victim Was Dead
See FORECITE F 1000.6 Inst 1.
F 1030.6 Inst 2 Forcible Sex Offenses: Consent Defined—No Need To Instruct On Prior “Dating” Relationship
See FORECITE F 1000.6 Inst 4.
F 1030.7 Sodomy By Force, Fear, Or Threats—Preliminary Fact Issues [Reserved]
F 1030.8 Sodomy By Force, Fear, Or Threats—Unanimity/Duplicity/Multiplicity [Reserved]
F 1030.9 Sodomy By Force, Fear, Or Threats—Lesser Offense Issues [Reserved]
F 1030 NOTES
F 1030 Note 1 Sodomy By Force, Fear, Or Threats—CALCRIM Cross-References And Research Notes
CALCRIM Cross-References:
See FORECITE F 1000 Notes
CALCRIM 1000 [Rape or Spousal Rape by Force, Fear, or Threats]
CALCRIM 1031 [Sodomy in Concert]
CALCRIM 1032 [Sodomy of an Intoxicated Person]
CALCRIM 1033 [Sodomy of an Unconscious Person]
CALCRIM 1034 [Sodomy of a Disabled Person]
CALCRIM 1035 [Sodomy of a Disabled Person in a Mental Hospital]
CALCRIM 1036 [Sodomy by Fraud]
CALCRIM 1037 [Sodomy While in Custody]
Research Notes:
See CLARAWEB Forum: CALCRIM Warnings, Sex Offenses—Series 1000.