SERIES 1100 SEX OFFENSES
F 1122 Annoying Or Molesting A Child (PC 647.6(a)–(c))
TABLE OF CONTENTS
F 1122.1 Titles And Identification Of Parties
F 1122.1 Inst 1 Annoying Or Molesting A Child—Title
F 1122.1 Inst 2 Identification Of Prosecution And Defendant
F 1122.2 Annoying Or Molesting A Child—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
F 1122.3 Annoying Or Molesting A Child—Language That Is Argumentative, Confusing, Etc.
F 1122.3 Inst 1 Deletion Of Argumentative Language
F 1122.3 Inst 2 Deletion Of Argumentative Language
F 1122.3 Inst 3 Argumentative Language Should Be Balanced To Assure Jurors Consider All Relevant Evidence
F 1122.4 Annoying Or Molesting A Child—Burden Of Proof Issues
F 1122.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
F 1122.4 Inst 2 Actual And Reasonable Belief That Victim Was 18 Or Over—Modification Of Burden Shifting Language
F 1122.4 Inst 3 Victim’s Lack Of Clothing Insufficient To Establish Specific Sexual Intent
F 1122.5 Annoying Or Molesting A Child—Elements And Definitions
F 1122.5 Inst 1 Prohibited Acts Must Be “Committed”
F 1122.5 Inst 2 Objective Reasonableness
F 1122.6 Annoying Or Molesting A Child—Defense Theories [Reserved]
F 1122.7 Annoying Or Molesting A Child—Preliminary Fact Issues [Reserved]
F 1122.8 Annoying Or Molesting A Child—Unanimity/Duplicity/Multiplicity [Reserved]
F 1122.9 Annoying Or Molesting A Child—Lesser Offense Issues [Reserved]
F 1122 Notes
F 1122 Note 1 CALCRIM Cross-References And Research Notes
F 1122 Note 2 Sex Crimes: Entrapment
Return to Series 1100 Table of Contents.
F 1122.1 Titles And Identification Of Parties
F 1122.1 Inst 1 Annoying Or Molesting A Child—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 1122.1 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 1122.2 Annoying Or Molesting A Child—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
F 1122.3 Annoying Or Molesting A Child—Language That Is Argumentative, Confusing, Etc.
F 1122.3 Inst 1 Deletion Of Argumentative Language
*Modify CC 1122, paragraph 4, as follows [deleted language is stricken]:
[It is not a defense that the child may have consented to the act.]
Points and Authorities
See FORECITE F 416.3 Inst 4.
F 1122.3 Inst 2 Deletion Of Argumentative Language
*Modify CC 1122, paragraph 3, as follows [deleted language is stricken]:
[It is not necessary that the child actually be irritated or disturbed.] [It is [also] not necessary that the child actually be touched.]
Points and Authorities
See FORECITE F 1121.3 Inst 2.
F 1122.3 Inst 3 Argumentative Language Should Be Balanced To Assure Jurors Consider All Relevant Evidence
See FORECITE F 1121.3 Inst 3.
F 1122.4 Annoying Or Molesting A Child—Burden Of Proof Issues
F 1122.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
See FORECITE F 400.4 Inst 1.
F 1122.4 Inst 2 Actual And Reasonable Belief That Victim Was 18 Or Over—Modification Of Burden Shifting Language
See FORECITE F 1070.4 Inst 2.
F 1122.4 Inst 3 Victim’s Lack Of Clothing Insufficient To Establish Specific Sexual Intent
See FORECITE F 1000.4 Inst 5.
F 1122.5 Annoying Or Molesting A Child—Elements And Definitions
F 1122.5 Inst 1 Prohibited Acts Must Be “Committed”
*Modify CC 1122, Element 1, as follows [added language is underlined; deleted language is stricken]:
[Change “engaged in” to “committed“]
Points and Authorities
See FORECITE F 1120.5 Inst 1.
F 1122.5 Inst 2 Objective Reasonableness
*Modify CC 1122, Element 2, as follows [added language is underlined; deleted language is stricken]:
3. A normal person reasonable person in _______________’s <name of alleged victim> situation, without hesitation, would have been disturbed, irritated, offended, or injured by the defendant’s conduct;
Points and Authorities
See FORECITE F 1121.5 Inst 4.
F 1122.6 Annoying Or Molesting A Child—Defense Theories[Reserved]
F 1122.7 Annoying Or Molesting A Child—Preliminary Fact Issues[Reserved]
F 1122.8 Annoying Or Molesting A Child—Unanimity/Duplicity/Multiplicity [Reserved]
F 1122.9 Annoying Or Molesting A Child—Lesser Offense Issues[Reserved]
F 1122 NOTES
F 1122 Note 1 CALCRIM Cross-References And Research Notes
CALCRIM Cross-References:
See FORECITE F 1120 Notes
CALCRIM 1112 [Lewd or Lascivious Act: Child 14 or 15 Years]
CALCRIM 1120 [Continuous Sexual Abuse]
CALCRIM 1121 [Annoying or Molesting a Child in a Dwelling]
CALCRIM 1123 [Aggravated Sexual Assault of Child Under 14 Years]
Research Notes:
See CLARAWEB Forum: CALCRIM Warnings, Sex Offenses—Series 1000.
F 1122 Note 2 Sex Crimes: Entrapment
See FORECITE F 1000 Note 5.
