SERIES 1100 SEX OFFENSES
F 1161 Lewd Conduct In Public (PC 647(a))
TABLE OF CONTENTS
F 1161.1 Titles And Identification Of Parties
F 1161.1 Inst 1 Lewd Conduct In Public—Title
F 1161.1 Inst 2 Identification Of Prosecution And Defendant
F 1161.2 Lewd Conduct In Public—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
F 1161.3 Lewd Conduct In Public—Language That Is Argumentative, Confusing, Etc. [Reserved]
F 1161.4 Lewd Conduct In Public—Burden Of Proof Issues
F 1161.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
F 1161.5 Lewd Conduct In Public— Elements And Definitions
F 1161.5 Inst 1 Separate Enumeration Of Combined Elements
F 1161.5 Inst 2 Willfully: Knowledge
F 1161.5 Inst 3 (a & b) Lewd Conduct: “Should Know” Standard Requires Consideration Of A Reasonable Person In Defendant’s Situation (PC 647(a))
F 1161.5 Inst 4 Prohibited Acts Must Be “Committed”
F 1161.6 Lewd Conduct In Public—Defense Theories [Reserved]
F 1161.7 Lewd Conduct In Public—Preliminary Fact Issues [Reserved]
F 1161.8 Lewd Conduct In Public—Unanimity/Duplicity/Multiplicity [Reserved]
F 1161.9 Lewd Conduct In Public—Lesser Offense Issues [Reserved]
F 1161 Notes
F 1161 Note 1 Lewd Conduct In Public—CALCRIM Cross-References And Research Notes
F 1161 Note 2 Sex Crimes: Entrapment
Return to Series 1100 Table of Contents.
F 1161.1 Titles And Identification Of Parties
F 1161.1 Inst 1 Lewd Conduct In Public—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 1161.1 Inst 2 Identification Of Prosecution And Defendant
F 1155.1 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 1161.2 Lewd Conduct In Public—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
F 1161.3 Lewd Conduct In Public—Language That Is Argumentative, Confusing, Etc. [Reserved]
F 1161.4 Lewd Conduct In Public—Burden Of Proof Issues
F 1161.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
See FORECITE F 400.4 Inst 1.
F 1161.5 Lewd Conduct In Public— Elements And Definitions
F 1161.5 Inst 1 Separate Enumeration Of Combined Elements
*Modify CC 1161, Elements, as follows [added language is underlined; deleted language is stricken]:
1. The defendant willfully engaged in the touching of touched ((his/her) own/ [or] another person’s) genitals, buttocks, or female breast;
AND
2. The defendant did so with the intent to sexually arouse or gratify (himself/herself) or another person, or to annoy or offend another person;
AND
3. The defendant did so willfully;
AND
3 4. At the time the defendant engaged in the conduct, (he/she) was in (a public place/ [or] a place open to the public [or to public view]);
4 5. At the time the defendant engaged in committed the conduct, someone else who might have been offended was present;
AND
5 A. The defendant knew or reasonably should have known that another person who might have been offended by (his/her) conduct was present.;
OR
B. A reasonable person in the defendant’s situation, considering all the circumstances as known by and appeared to the defendant, would have known that another person who might have been offended by (his/her) conduct was present.
[Insert from FORECITE F 1161.5 Inst 3.]
Points and Authorities
Separate Enumeration Of Elements—See FORECITE F 3500.2 Inst 1.
Reasonable Person: Consideration Of Circumstances As Known By And Appeared To Defendant—See FORECITE F 820.5 Inst 3; see also FORECITE F 1161 Inst 3.
“Touched” vs. “Engaged In Touching”—See FORECITE F 1120.5 Inst 1.
F 1161.5 Inst 2 Willfully: Knowledge
See FORECITE F 820.5 Inst 1.
F 1161.5 Inst 3 (a & b) Lewd Conduct: “Should Know” Standard Requires Consideration Of A Reasonable Person In Defendant’s Situation(PC 647(a))
*Add to CC 1161:
Alternative a:
In evaluating whether the defendant reasonably should have known that another person would be offended by (his/her) conduct consider what a reasonable person in the defendant’s situation would have known. Consider all the circumstances as they were known to and appeared to the defendant at the time.
Alternative b:
*Add to CC 1161, Element 5 [CC 505/851 Format]:
When [deciding, if you can,] [evaluating] whether the defendant reasonably should have known that another person was present who might have been offended by (his/her) conduct, consider all the circumstances as they were know by and appeared to the defendant. That is, consider what conduct would have appeared to be necessary to a reasonable person in the [same situation as the defendant] [defendant’s situation] [defendant’s circumstances] with the same knowledge as the defendant.
Points and Authorities
See FORECITE F 820.5 Inst 3; see also FORECITE F 1161.5 Inst 1.
CALJIC NOTE: See FORECITE F 16.400a.
F 1161.5 Inst 4 Prohibited Acts Must Be “Committed”
See FORECITE F 1120.5 Inst 1.
F 1161.6 Lewd Conduct In Public—Defense Theories[Reserved]
F 1161.7 Lewd Conduct In Public—Preliminary Fact Issues[Reserved]
F 1161.8 Lewd Conduct In Public—Unanimity/Duplicity/Multiplicity [Reserved]
F 1161.9 Lewd Conduct In Public—Lesser Offense Issues[Reserved]
F 1161 Note 1 Lewd Conduct In Public—CALCRIM Cross-References And Research Notes
CALCRIM Cross-References:
CALCRIM 1160 [Indecent Exposure]
CALCRIM 1162 [Soliciting Lewd Conduct in Public]
Research Notes:
See CLARAWEB Forum: CALCRIM Warnings, Sex Offenses—Series 1000.
F 1161 Note 2 Sex Crimes: Entrapment
See FORECITE F 1000 Note 5.
