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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.

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