SERIES 1100 SEX OFFENSES
F 1162 Soliciting Lewd Conduct In Public (PC 647(a))
TABLE OF CONTENTS
F 1162.1 Titles And Identification Of Parties
F 1162.1 Inst 1 Soliciting Lewd Conduct In Public—Title
F 1162.1 Inst 2 Identification Of Prosecution And Defendant
F 1162.2 Soliciting Lewd Conduct In Public—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
F 1162.3 Soliciting Lewd Conduct In Public—Language That Is Argumentative, Confusing, Etc. [Reserved]
F 1162.4 Soliciting Lewd Conduct In Public—Burden Of Proof Issues
F 1162.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
F 1162.5 Soliciting Lewd Conduct In Public—Elements And Definitions
F 1162.5 Inst 1 Lewd Conduct: “Should Know” Standard Requires Consideration Of A Reasonable Person In Defendant’s Situation (PC 647(a))
F 1162.5 Inst 2 Willfully: Knowledge
F 1162.5 Inst 3 (a & b) Willfully As An Element
F 1162.6 Soliciting Lewd Conduct In Public—Defense Theories [Reserved]
F 1162.7 Soliciting Lewd Conduct In Public—Preliminary Fact Issues [Reserved]
F 1162.8 Soliciting Lewd Conduct In Public—Unanimity/Duplicity/Multiplicity [Reserved]
F 1162.9 Soliciting Lewd Conduct In Public—Lesser Offense Issues [Reserved]
F 1162 Notes
F 1162 Note 1 Soliciting Lewd Conduct In Public—CALCRIM Cross-References And Research Notes
F 1162 Note 2 Sex Crimes: Entrapment
Return to Series 1100 Table of Contents.
F 1162.1 Titles And Identification Of Parties
F 1162.1 Inst 1 Soliciting 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 1162.1 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 1162.2 Soliciting Lewd Conduct In Public—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
F 1162.3 Soliciting Lewd Conduct In Public—Language That Is Argumentative, Confusing, Etc. [Reserved]
F 1162.4 Soliciting Lewd Conduct In Public—Burden Of Proof Issues
F 1162.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
See FORECITE F 400.4 Inst 1.
F 1162.5 Soliciting Lewd Conduct In Public—Elements And Definitions
F 1162.5 Inst 1 Lewd Conduct: “Should Know” Standard Requires Consideration Of A Reasonable Person In Defendant’s Situation(PC 647(a))
See FORECITE F 1161.5 Inst 3.
F 1162.5 Inst 2 Willfully: Knowledge
See FORECITE F 820.5 Inst 1.
F 1162.5 Inst 3 (a & b) Willfully As An Element
Alternative a:
*Add as Element to CC 1162:
The defendant did so willfully.
Alternative b:
[Delete the definition of “willfully”]
Points and Authorities
This Court Has The Power And Duty To Grant This Instruction Request—[See CALCRIM Motion Bank # CCM-001.]
The CALCRIM Deficiency—CALCRIM 1162 fails to include “willfully” as an element but includes a definition of “willfully.”
WARNING! Federal constitutional claims may be lost without proper federalization.—To preserve federal claims, counsel should add the applicable constitutional provisions and authority to the above points and authorities and explain how those provisions will be violated under the circumstances of this case. Potential constitutional grounds for this request include, but are not limited to:
FORECITE CG 2.2 [Burden Of Proof: Elements And Essential Facts]
FORECITE CG 4.1 [Right To Instruct The Jurors On Defense Theories]
In death penalty cases additional, federal claims should be added including, but not limited to, those in FORECITE CG 13.
F 1162.6 Soliciting Lewd Conduct In Public—Defense Theories[Reserved]
F 1162.7 Soliciting Lewd Conduct In Public—Preliminary Fact Issues[Reserved]
F 1162.8 Soliciting Lewd Conduct In Public—Unanimity/Duplicity/Multiplicity [Reserved]
F 1162.9 Soliciting Lewd Conduct In Public—Lesser Offense Issues[Reserved]
F 1162 NOTES
F 1162 Note 1 Soliciting Lewd Conduct In Public—CALCRIM Cross-References And Research Notes
CALCRIM Cross-References:
See FORECITE F 1160 Notes
CALCRIM 441 [Solicitation: Elements]
CALCRIM 1161 [Lewd Conduct in Public
Research Notes:
See CLARAWEB Forum: CALCRIM Warnings, Sex Offenses—Series 1000.
F 1162 Note 2 Sex Crimes: Entrapment
See FORECITE F 1000 Note 5.
