SERIES 900 ASSAULTIVE AND BATTERY CRIMES
F 937 Sexual Battery: By Fraudulent Representation (PC 242, PC 243.4(c))
TABLE OF CONTENTS
F 937.1 Titles And Identification Of Parties
F 937.1 Inst 1 Sexual Battery: By Fraudulent Representation—Title
F 937.1 Inst 2 Identification Of Prosecution And Defendant
F 937.2 Sexual Battery: By Fraudulent Representation—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
F 937.3 Sexual Battery: By Fraudulent Representation—Language That Is Argumentative, Confusing, Etc. [Reserved]
F 937.4 Sexual Battery: By Fraudulent Representation—Burden Of Proof Issues
F 937.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
F 937.4 Inst 2 Sexual Battery: Consent—Modification Of Burden Shifting Language
F 937.5 Sexual Battery: By Fraudulent Representation—Elements And Definitions
F 937.5 Inst 1 Specification Of “Bare Skin” Requirement As An Element Of The Offense
F 937.5 Inst 2 Consent Applies To The Unlawful Restraint Element
F 937.6 Sexual Battery: By Fraudulent Representation—Defense Theories [Reserved]
F 937.7 Sexual Battery: By Fraudulent Representation—Preliminary Fact Issues [Reserved]
F 937.8 Sexual Battery: By Fraudulent Representation—Unanimity/Duplicity/Multiplicity [Reserved]
F 937.9 Sexual Battery: By Fraudulent Representation—Lesser Offense Issues
F 937 NOTES
F 937 Note 1 Sexual Battery: Notes
F 937.9 NOTES
F 937.9 Note 1 Sexual Battery (PC 243.4(e)(1)) Not LIO Of Sexual Battery By Fraudulent Representation (PC 243.4(c))
Return to Series 900 Table of Contents.
F 937.1 Titles And Identification Of Parties
F 937.1 Inst 1 Sexual Battery: By Fraudulent Representation—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 937.1 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 937.2 Sexual Battery: By Fraudulent Representation—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
F 937.3 Sexual Battery: By Fraudulent Representation—Language That Is Argumentative, Confusing, Etc. [Reserved]
F 937.4 Sexual Battery: By Fraudulent Representation—Burden Of Proof Issues
F 937.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
See FORECITE F 400.4 Inst 1.
F 937.4 Inst 2 Sexual Battery: Consent—Modification Of Burden Shifting Language
See FORECITE F 935.4 Inst 2.
F 937.5 Sexual Battery: By Fraudulent Representation—Elements And Definitions
F 937.5 Inst 1 Specification Of “Bare Skin” Requirement As An Element Of The Offense
*Modify CC 937, by moving paragraph 4 to the list of elements, deleting paragraph 4, and adding Element 5, as follows:
5. Contact was made with _______________’s <name of complaining witness> bare skin. This means that the defendant must have touched the bare skin of _______________’s <insert name of complaining witness> intimate part either directly or though the defendant’s clothing.
Points and Authorities
See FORECITE F 935.5 Inst 1.
F 937.5 Inst 2 Consent Applies To The Unlawful Restraint Element
See FORECITE F 935.5 Inst 2.
F 937.6 Sexual Battery: By Fraudulent Representation—Defense Theories[Reserved]
F 937.7 Sexual Battery: By Fraudulent Representation—Preliminary Fact Issues [Reserved]
F 937.8 Sexual Battery: By Fraudulent Representation—Unanimity/Duplicity/Multiplicity [Reserved]
F 937.9 Sexual Battery: By Fraudulent Representation—Lesser Offense Issues[Reserved]
F 937 NOTES
F 937 Note 1 Sexual Battery: Notes
See FORECITE F 935 Notes.
F 937.9 NOTES
F 937.9 Note 1 Sexual Battery (PC 243.4(e)(1)) Not LIO Of Sexual Battery By Fraudulent Representation (PC 243.4(c))
See FORECITE F 938.9 LIO Note 1.