Consent Not A Defense To PC 288(b)–Lewd Act By Force: Child Victim Under 14
April 1st, 2014


The April 2011 revision of CC 1111 was explained by the Advisory Committee on Criminal Jury Instructions: “In a very recent case, People v. Soto (2011) 51 Cal. 4th 229, the Supreme Court held that a victim’s consent is not a defense to committing either lewd or aggravated lewd acts on a child under the age of 14. The committee revised [CC 1110] and [CC 1111], Lewd or Lascivious Act: Child Under 14 Years, Lewd or Lascivious Act: By Force or Fear accordingly.” (Advisory Committee on Criminal Jury Instructions, Report to the Judicial Council for meeting of April 29, 2011, p. 4.)

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