SERIES 1100 SEX OFFENSES
F 1180 Incest With A Minor (PC 285)
TABLE OF CONTENTS
F 1180.1 Titles And Identification Of Parties
F 1180.1 Inst 1 Incest With A Minor—Title
F 1180.1 Inst 2 Identification Of Prosecution And Defendant
F 1180.2 Incest With A Minor—Tailoring To Facts: Persons, Places, Things And Theories
F 1180.2 Inst 1 Tailoring To Facts; Include Definition Of Sexual Intercourse In Description Of Element; Separate Enumeration Of Elements
F 1180.3 Incest With A Minor—Language That Is Argumentative, Confusing, Etc. [Reserved]
F 1180.4 Incest With A Minor—Burden Of Proof Issues
F 1180.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
F 1180.5 Incest With A Minor—Elements And Definitions
F 1180.5 Inst 1 Victim Alive As Element
F 1180.5 Inst 2 Incest: Knowledge Of Relationship As Element
F 1180.6 Incest With A Minor—Defense Theories [Reserved]
F 1180.7 Incest With A Minor—Preliminary Fact Issues [Reserved]
F 1180.8 Incest With A Minor—Unanimity/Duplicity/Multiplicity [Reserved]
F 1180.9 Incest With A Minor—Lesser Offense Issues [Reserved]
F 1180 Notes
F 1180 Note 1 CALCRIM Cross-References And Research Notes
F 1180 Note 2 Minor Not Criminally Liable As Aider And Abettor To Incest
F 1180 Note 3 Sex Crimes: Entrapment
Return to Series 1100 Table of Contents.
F 1180.1 Titles And Identification Of Parties
F 1180.1 Inst 1 Incest With A Minor—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 1180.1 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 1180.2 Incest With A Minor—Tailoring To Facts: Persons, Places, Things And Theories
F 1180.2 Inst 1 Tailoring To Facts; Include Definition Of Sexual Intercourse In Description Of Element; Separate Enumeration Of Elements
1. The defendant had sexual intercourse with a minor penetrated the [vagina] [or] [genitalia] of _______________ <name of alleged victim> with his penis;
2. At the time of the penetration _______________ <name of alleged victim> was under the age of 18 years;
AND
2 3. The defendant and the minor are were related to each other as (parent and child/[great-]grandparent and [great-]grandchild/[half] brother and [half] sister/uncle and niece/aunt and nephew).
[Delete paragraph 3 and 4.]
Points and Authorities
Tailoring To Facts—See FORECITE F 400.2 Inst 1.
Include Definition Of Sexual Intercourse In Element—See FORECITE F 417.5 Inst 2.
Separate Enumeration—See FORECITE F 3500.2 Inst 1.
F 1180.3 Incest With A Minor—Language That Is Argumentative, Confusing, Etc.[Reserved]
F 1180.4 Incest With A Minor—Burden Of Proof Issues
F 1180.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
See FORECITE F 400.4 Inst 1.
F 1180.5 Incest With A Minor—Elements And Definitions
F 1180.5 Inst 1 Victim Alive As Element
See FORECITE F 1000.5 Inst 5.
F 1180.5 Inst 2 Incest: Knowledge Of Relationship As Element
*Add to CC 1180 as additional Element:
4. At the time of the penetration the defendant knew he was related to _______________ <name of alleged victim>.
Points and Authorities
This Court Has The Power And Duty To Grant This Instruction Request—[See CALCRIM Motion Bank # CCM-001.]
Knowledge As Element—See CALCRIM 1180, Related Issues.
F 1180.6 Incest With A Minor—Defense Theories[Reserved]
F 1180.7 Incest With A Minor—Preliminary Fact Issues[Reserved]
F 1180.8 Incest With A Minor—Unanimity/Duplicity/Multiplicity[Reserved]
F 1180.9 Incest With A Minor—Lesser Offense Issues[Reserved]
F 1180 NOTES
F 1180 Note 1 CALCRIM Cross-References And Research Notes
CALCRIM Cross-References:
See FORECITE F 1000 Notes
Research Notes:
See CLARAWEB Forum: CALCRIM Warnings, Sex Offenses—Series 1000.
F 1180 Note 2 Minor Not Criminally Liable As Aider And Abettor To Incest
(See People v. Tobias (2001) 25 C4th 327, 329 [child under 18 who has an incestuous sexual relationship with an adult is a victim, not a perpetrator, of the incest, even when the child consents to the sex; child in this situation can never be an accomplice, thus accomplice instructions are not appropriate].)
CALJIC NOTE: See FORECITE F 3.00 n12.
F 1180 Note 3 Sex Crimes: Entrapment
See FORECITE F 1000 Note 5.
