SERIES 1100 SEX OFFENSES
F 1123 Aggravated Sexual Assault Of Child Under 14 Years (PC 269(a))
TABLE OF CONTENTS
F 1123.1 Titles And Identification Of Parties
F 1123.1 Inst 1 Aggravated Sexual Assault Of Child Under 14 Years —Title
F 1123.1 Inst 2 Identification Of Prosecution And Defendant
F 1123.2 Aggravated Sexual Assault Of Child Under 14 Years—Tailoring To Facts: Persons, Places, Things And Theories
F 1123.2 Inst 1 Tailoring To Facts
F 1123.3 Aggravated Sexual Assault Of Child Under 14 Years—Language That Is Argumentative, Confusing, Etc. [Reserved]
F 1123.4 Aggravated Sexual Assault Of Child Under 14 Years—Burden Of Proof Issues
F 1123.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
F 1123.4 Inst 2 Victim’s Lack Of Clothing Insufficient To Establish Specific Sexual Intent
F 1123.5 Aggravated Sexual Assault Of Child Under 14 Years—Elements And Definitions
F 1123.5 Inst 1 Include Elements Of Predicate Offense
F 1123.6 Aggravated Sexual Assault Of Child Under 14 Years—Defense Theories [Reserved]
F 1123.7 Aggravated Sexual Assault Of Child Under 14 Years—Preliminary Fact Issues [Reserved]
F 1123.8 Aggravated Sexual Assault Of Child Under 14 Years—Unanimity/ Duplicity/ Multiplicity [Reserved]
F 1123.9 Aggravated Sexual Assault Of Child Under 14 Years—Lesser Offense Issues [Reserved]
F 1123 Notes
F 1123 Note 1 Aggravated Sexual Assault Of Child Under 14 Years—CALCRIM Cross-References And Research Notes
F 1123 Note 2 Aggravated Sexual Assault Of A Child (PC 269): Lewd And Lascivious Act On Child Under 14 (PC 288) As Lesser Included Offense
F 1123 Note 3 Aggravated Sexual Assault Of A Child (PC 269): Ex Post Facto
F 1123 Note 4 Aggravated Sexual Assault Of A Child (PC 269): PC 12022.8 Enhancement
F 1123 Note 5 Sex Crimes: Entrapment
Return to Series 1100 Table of Contents.
F 1123.1 Titles And Identification Of Parties
F 1123.1 Inst 1 Aggravated Sexual Assault Of Child Under 14 Years —Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 1123.1 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 1123.2 Aggravated Sexual Assault Of Child Under 14 Years—Tailoring To Facts: Persons, Places, Things And Theories
F 1123.2 Inst 1 Tailoring To Facts
*Modify CC 1123, as follows, [added language is underlined; deleted language is stricken]:
1. The defendant committed ____________ <insert sex offense specified in Pen. Code, § 269(a)(1)–(5)> on another person _______________ <name of alleged victim>. To prove this element the prosecution must prove all of the following beyond a reasonable doubt;
[Insert elements of Pen. Code, § 269(a)(1)–(5) offense.]
AND
2. When the defendant acted did so, the other person _______________ <name of alleged victim> was under the age of 14 years and was at least 10 years younger than the defendant.
To decide whether the defendant committed __________ <insert sex offense specified in Pen. Code, § 269(a)(1)–(5)>, please refer to the separate instructions that I (will give/have given) you on that crime.
Points and Authorities
See FORECITE F 400.2 Inst 1.
F 1123.3 Aggravated Sexual Assault Of Child Under 14 Years—Language That Is Argumentative, Confusing, Etc.[Reserved]
F 1123.4 Aggravated Sexual Assault Of Child Under 14 Years—Burden Of Proof Issues
F 1123.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
See FORECITE F 400.4 Inst 1.
F 1123.4 Inst 2 Victim’s Lack Of Clothing Insufficient To Establish Specific Sexual Intent
See FORECITE F 1000.4 Inst 5.
F 1123.5 Aggravated Sexual Assault Of Child Under 14 Years—Elements And Definitions
F 1123.5 Inst 1 Include Elements Of Predicate Offense
*Add to CC 1123, Element 1:
To prove this element the prosecution must prove all of the following beyond a reasonable doubt:
[Insert elements of predicate offense.]
[Delete paragraph 3.]
Points and Authorities
See FORECITE F 402.5 Inst 6.
F 1123.6 Aggravated Sexual Assault Of Child Under 14 Years—Defense Theories [Reserved]
F 1123.7 Aggravated Sexual Assault Of Child Under 14 Years—Preliminary Fact Issues [Reserved]
F 1123.8 Aggravated Sexual Assault Of Child Under 14 Years—Unanimity/ Duplicity/ Multiplicity [Reserved]
F 1123.9 Aggravated Sexual Assault Of Child Under 14 Years—Lesser Offense Issues [Reserved]
F 1123 NOTES
F 1123 Note 1 Aggravated Sexual Assault Of Child Under 14 Years—CALCRIM Cross-References And Research Notes
CALCRIM Cross-References:
See FORECITE F 1120 Notes
CALCRIM 1112 [Lewd or Lascivious Act: Child 14 or 15 Years]
CALCRIM 1120 [Continuous Sexual Abuse]
CALCRIM 1121 [Annoying or Molesting a Child in a Dwelling]
CALCRIM 1122 [Annoying or Molesting a Child]
Research Notes:
See CLARAWEB Forum: CALCRIM Warnings, Sex Offenses—Series 1000.
F 1123 Note 2 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 (1998) 19 C4th 282.) [See Brief Bank # B-882forbriefing on this issue.]
CALJIC NOTE: See FORECITE F 10.55 n1.
F 1123 Note 3 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-966forbriefing on this issue.]
CALJIC NOTE: See FORECITE F 10.55 n2.
F 1123 Note 4 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.
CALJIC NOTE: See FORECITE F 10.55 n3.
F 1123 Note 5 Sex Crimes: Entrapment
See FORECITE F 1000 Note 5.
