Logo
Searching Tips

When searching Forecite California, there are shortcuts you can take to find the information you are looking for:

1. By Code Section:

Forecite uses standard abbreviations for different types of codes. Those abbreviations can be found below:

Codes:
CCR California Code of Regulations
Corp C Corporations Code
EC Evidence Code
FG Fish and Game Code
GC Government Code
HN Harbors & Navigation Code
HS Health & Safety Code
PC Penal Code
RT Revenue & Tax Code
VC Vehicle Code
WI Welfare & Institutions Code

Using these codes to search is very simple. For example, if you wanted to search for Penal Code section 20, you would type PC 20 into the search box.

2. By CALJIC Number:

Since Forecite is indexed to CALJIC, searching for CALJIC numbers is easy. For example, to search for CALJIC 3.16, you would type 3.16 into the search box.

3. By Case Name or Citation:

To find a case or citation, simply enter all or part of the case’s citation. Since many cases are known only by one name involved, it is often helpful to not search for the entire citation. For example, if you were searching for references to People v. Geiger (84) 35 C3d 510, 526 [199 CR 45], you could search for People v. Geiger or just Geiger. Searching for Geiger might be more helpful since it would find references to the case that do not include the full citation.

  • Contact Us
  • Log In
  • My Account

  • Home
  • Firm Overview
  • Attorney Profiles
  • Practice Areas
  • Verdicts & Settlements
  • News & media
  • Blog
  • Contact

Back to  Previous Page
Back to top

SERIES 1000 SEX OFFENSES

F 1047 Sexual Penetration Of An Intoxicated Person (PC 289(e))

TABLE OF CONTENTS
F 1047.1 Titles And Identification Of Parties
F 1047.1 Inst 1 Sexual Penetration Of An Intoxicated Person—Title
F 1047.1 Inst 2 Identification Of Prosecution And Defendant

F 1047.2 Sexual Penetration Of An Intoxicated Person—Tailoring To Facts: Persons, Places, Things And Theories
F 1047.2 Inst 1 Definition Of “Prevented From Resisting”—Specification Of “The Act”
F 1047.2 Inst 2 Tailor Element 1 To Facts And Prosecution Theory Of Penetration

F 1047.3 Sexual Penetration Of An Intoxicated Person—Language That Is Argumentative, Confusing, Etc. [Reserved]

F 1047.4 Sexual Penetration Of An Intoxicated Person—Burden Of Proof Issues
F 1047.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
F 1047.4 Inst 2 Victim’s Lack Of Clothing Insufficient To Establish Specific Sexual Intent

F 1047.5 Sexual Penetration Of An Intoxicated Person—Elements And Definitions
F 1047.5 Inst 1 Victim Alive As Element
F 1047.5 Inst 2 Forcible Sex Offenses: “Should Have Known” Requires Consideration Of Reasonable Person In Defendant’s Situation
F 1047.5 Inst 3 Include Definition Of Legal Consent In “Prevented From Resisting” Element
F 1047.5 Inst 4 Sex Offense Based On Constructive Knowledge

F 1047.6 Sexual Penetration Of An Intoxicated Person—Defense Theories
F 1047.6 Inst 1 Sex Offense: Good Faith Belief That Victim Was Dead
F 1047.6 Inst 2 Forcible Sex Offenses: Consent Defined—No Need To Instruct On Prior “Dating” Relationship
F 1047.6 Inst 3 Sex Offense By Intoxication: “Prevented From Resisting”—Pinpoint Instruction (PC 261(a)(3)

F 1047.7 Sexual Penetration Of An Intoxicated Person—Preliminary Fact Issues [Reserved]

F 1047.8 Sexual Penetration Of An Intoxicated Person—Unanimity/Duplicity/Multiplicity [Reserved]

F 1047.9 Sexual Penetration Of An Intoxicated Person—Lesser Offense Issues [Reserved]

F 1047 Notes
F 1047 Note 1 Sexual Penetration Of An Intoxicated Person— CALCRIM Cross References And Research Notes
F 1047 Note 2 Sex Crimes: Entrapment
F 1047 Note 3 Unlawful Penetration By Foreign Object: Lack Of Consent, Intoxicants, Unconsciousness, Etc.—Jury Must Find Fraud “In Fact” (PC 289(d), (e))

Return to Series 1000 Table of Contents.


F 1047.1 Titles And Identification Of Parties

F 1047.1 Inst 1 Sexual Penetration Of An Intoxicated Person—Title

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


F 1047.1 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 1047.2 Sexual Penetration Of An Intoxicated Person—Tailoring To Facts: Persons, Places, Things And Theories

F 1047.2 Inst 1 Definition Of “Prevented From Resisting”—Specification Of “The Act”

See FORECITE F 1002.2 Inst 4.


F 1047.2 Inst 2 Tailor Element 1 To Facts And Prosecution Theory Of Penetration

See FORECITE F 1045.2 Inst 1.


F 1047.3 Sexual Penetration Of An Intoxicated Person—Language That Is Argumentative, Confusing, Etc. [Reserved]


F 1047.4 Sexual Penetration Of An Intoxicated Person—Burden Of Proof Issues

F 1047.4 Inst 1 Relating Prosecution Burden To Enumerated Elements

See FORECITE F 400.4 Inst 1.


F 1047.4 Inst 2 Victim’s Lack Of Clothing Insufficient To Establish Specific Sexual Intent

See FORECITE F 1000.4 Inst 5.


F 1047.5 Sexual Penetration Of An Intoxicated Person—Elements And Definitions

F 1047.5 Inst 1 Victim Alive As Element

See FORECITE F 1000.5 Inst 5.


F 1047.5 Inst 2 Forcible Sex Offenses: “Should Have Known” Requires Consideration Of Reasonable Person In Defendant’s Situation

See FORECITE F 1002.5 Inst 2.


F 1047.5 Inst 3 Include Definition Of Legal Consent In “Prevented From Resisting” Element

See FORECITE F 1002.5 Inst 3.


F 1047.5 Inst 4 Sex Offense Based On Constructive Knowledge

See FORECITE F 1002.5 Inst 4.


F 1047.6 Sexual Penetration Of An Intoxicated Person—Defense Theories

F 1047.6 Inst 1 Sex Offense: Good Faith Belief That Victim Was Dead

See FORECITE F 1000.6 Inst 3.


F 1047.6 Inst 2 Forcible Sex Offenses: Consent Defined—No Need To Instruct On Prior “Dating” Relationship

See FORECITE F 1000.6 Inst 4.


F 1047.6 Inst 3 Sex Offense By Intoxication: “Prevented From Resisting”—Pinpoint Instruction (PC 261(a)(3)

See FORECITE F 1002.6 Inst 3.


F 1047.7 Sexual Penetration Of An Intoxicated Person—Preliminary Fact Issues [Reserved]


F 1047.8 Sexual Penetration Of An Intoxicated Person—Unanimity/Duplicity/Multiplicity [Reserved]


F 1047.9 Sexual Penetration Of An Intoxicated Person—Lesser Offense Issues[Reserved]


F 1047 NOTES

F 1047 Note 1 Sexual Penetration Of An Intoxicated Person— CALCRIM Cross-References And Research Notes

CALCRIM Cross-References:

See FORECITE F 1000 Notes

See FORECITE F 1045 Notes

CALCRIM 1002 [Rape of Intoxicated Woman or Spouse]
CALCRIM 1045 [Sexual Penetration by Force, Fear, or Threats]
CALCRIM 1046 [Sexual Penetration in Concert]
CALCRIM 1048 [Sexual Penetration of an Unconscious Person]
CALCRIM 1049 [Sexual Penetration of a Disabled Person]
CALCRIM 1050 [Sexual Penetration of a Disabled Person in a Mental Hospital]
CALCRIM 1051 [Sexual Penetration by Fraud]

Research Notes:

See CLARAWEB Forum: CALCRIM Warnings, Sex Offenses—Series 1000.


F 1047 Note 2 Sex Crimes: Entrapment

See FORECITE F 1000 Note 5.


F 1047 Note 3 Unlawful Penetration By Foreign Object: Lack Of Consent, Intoxicants, Unconsciousness, Etc.—Jury Must Find Fraud “In Fact” (PC 289(d), (e))

In order to commit a violation of PC 289(d), there must be a fraud “in fact.” It is an essential element of the offense which must be found beyond a reasonable doubt and cannot be a legal question solely for the court. [See Brief Bank # 859. for briefing on this issue.]

CALJIC NOTE: See FORECITE F 10.33 n3.

  • Register as New User
  • Contact Us
© James Publishing, Inc. (866) 72-JAMES