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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.

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