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F 16.400 n1 Lewd Conduct.
The first paragraph of the July 1997 Pocket Part version of CJ 16.400 substantially changed the description of the crime by adding and defining the terms “lewd and dissolute.” However, in the enumeration of elements, in the body of the instruction, the terms “lewd and dissolute” are not used. As a result, the instruction is confusing and constitutionally inadequate. Failure to adequately instruct the jury upon matters relating to proof of any element of the charge and/or the prosecution’s burden of proof thereon violates the defendant’s state (Art. I, § 15 and § 16) and federal (6th and 14th Amendments) constitutional rights to trial by jury and due process. (See generally, FORECITE PG VII(C).)
F 16.400 n2 “Engaged In” vs. “Committed.”
(See FORECITE F 2.23.1 n1.)
F 16.400a
Lewd Conduct: “Should Know” Standard Requires
Consideration Of A Reasonable Person In Defendant’s Position
(PC 647(a))
*Add to CJ 16.400:
[See FORECITE F 7.32a.]