SERIES 1100 SEX OFFENSES
F 1143 Obscene Live Conduct (PC 311.6)
TABLE OF CONTENTS
F 1143.1 Titles And Identification Of Parties
F 1143.1 Inst 1 Obscene Live Conduct —Title
F 1143.1 Inst 2 Identification Of Prosecution And Defendant
F 1143.2 Obscene Live Conduct—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
F 1143.3 Obscene Live Conduct—Language That Is Argumentative, Confusing, Etc.
F 1143.3 Inst 1 Jurors Not Required To Decide
F 1143.3 Inst 2 Deletion Of Argumentative Language
F 1143.3 Inst 3 Argumentative Language Should Be Balanced To Assure Jurors Consider All Relevant Evidence
F 1143.4 Obscene Live Conduct—Burden Of Proof Issues
F 1143.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
F 1143.4 Inst 2 Modification Of Burden Shifting Language
F 1143.5 Obscene Live Conduct—Elements And Definitions
F 1143.5 Inst 1 Reasonable Person Standard
F 1143.6 Obscene Live Conduct—Defense Theories [Reserved]
F 1143.7 Obscene Live Conduct—Preliminary Fact Issues [Reserved]
F 1143.8 Obscene Live Conduct—Unanimity/Duplicity/Multiplicity [Reserved]
F 1143.9 Obscene Live Conduct—Lesser Offense Issues [Reserved]
F 1143 Notes
F 1143 Note 1 Obscene Live Conduct—CALCRIM Cross-References And Research Notes
F 1143 Note 2 Sex Crimes: Entrapment
F 1143 Note 3 Law Enforcement Agent Defense: Prosecution Required To Disprove Beyond A Reasonable Doubt Because The Defense Relates To Defendant’s Conduct
Return to Series 1100 Table of Contents.
F 1143.1 Titles And Identification Of Parties
F 1143.1 Inst 1 Obscene Live Conduct —Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 1143.1 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 1143.2 Obscene Live Conduct—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
F 1143.3 Obscene Live Conduct—Language That Is Argumentative, Confusing, Etc.
F 1143.3 Inst 1 Jurors Not Required To Decide
*Modify CC 1143, paragraph 3, sentence 1, as follows [added language is underlined]:
You must attempt to decide whether the conduct at issue in this case meets the definition of obscene live conduct.
*Modify CC 1143, paragraph 13, as follows [added language is underlined; deleted language is stricken]:
[In deciding attempting to decide the conduct’s character and whether it lacks serious literary, artistic, political, or scientific value, consider . . .
*Modify CC 1143, paragraph 14 and 15, as follows:
[In deciding attempting to decide whether . . .
Points and Authorities
See FORECITE F 100.7 Inst 1.
F 1143.3 Inst 2 Deletion Of Argumentative Language
*Modify CC 1143, paragraph 11, as follows [deleted language is stricken]:
The People must prove that the defendant knew the character of the conduct but do not need to prove that the defendant knew whether the conduct met the definition of obscene.
Points and Authorities
See FORECITE F 1140.3 Inst 1.
F 1143.3 Inst 3 Argumentative Language Should Be Balanced To Assure Jurors Consider All Relevant Evidence
See FORECITE F 1140.3 Inst 2.
F 1143.4 Obscene Live Conduct—Burden Of Proof Issues
F 1143.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
See FORECITE F 400.4 Inst 1.
F 1143.4 Inst 2 Modification Of Burden Shifting Language
*Modify CC 1143, paragraph 17, as follows [added language is underlined; deleted language is stricken]:
[The defendant is not guilty of this crime if (he/she) was engaging in legitimate medical, scientific, or educational activities. The People have the burden of proving unless the prosecution has proven beyond a reasonable doubt that the defendant was not acting for a legitimate medical, scientific or educational purpose. If the People have not met this burden, you must find the defendant not guilty of this crime.]
Points and Authorities
See FORECITE F 404.2 Inst 1.
F 1143.5 Obscene Live Conduct—Elements And Definitions
F 1143.5 Inst 1 Reasonable Person Standard
*Modify CC 1143, paragraph 4, item 2, as follows [added language is underlined]:
2. A reasonable person in the same situation, considering all the circumstances as they were known to and appeared to the person at the time, would conclude that it lacks serious literary, artistic, political, or scientific value;
*Modify CC 1143, paragraph 8, sentence 1, as follows
The conduct is not obscene unless a reasonable person in the same situation, considering all the circumstances as they were known to and appeared to the person at the time, would conclude that, taken as a whole, it lacks serious literary, artistic, political, or scientific value.
Points and Authorities
See FORECITE F 1140.2 Inst 2.
F 1143.6 Obscene Live Conduct—Defense Theories[Reserved]
F 1143.7 Obscene Live Conduct—Preliminary Fact Issues[Reserved]
F 1143.8 Obscene Live Conduct—Unanimity/Duplicity/Multiplicity[Reserved]
F 1143.9 Obscene Live Conduct—Lesser Offense Issues[Reserved]
F 1143 NOTES
F 1143 Note 1 Obscene Live Conduct—CALCRIM Cross-References And Research Notes
CALCRIM Cross-References:
See FORECITE F 1140 Notes
See FORECITE F 1141 Notes
See FORECITE F 1142 Notes
CALCRIM 1140 [Showing or Sending Harmful Material to Seduce a Minor]
CALCRIM 1141 [Distributing Obscene Matter Showing Sexual Conduct by a Minor]
CALCRIM 1142 [Distributing or Intending to Distribute Obscene Material]
Research Notes:
See CLARAWEB Forum: CALCRIM Warnings, Sex Offenses—Series 1000.
F 1143 Note 2 Sex Crimes: Entrapment
See FORECITE F 1000 Note 5.
F 1143 Note 3 Law Enforcement Agent Defense: Prosecution Required To Disprove Beyond A Reasonable Doubt Because The Defense Relates To Defendant’s Conduct
See FORECITE F 1141 Note 13.