Jury Unanimity: Child Molestation
May 5th, 2015
In a child molestation case, CC 3501 may be given instead of CC 3500.
“[CC 3501] is an alternative instruction to [CC No. 3500]. [CC 3501] affords two different approaches for the jury to reach the required unanimity. The first is the same as that set forth in [CC 3500]: agreement as to the acts constituting each offense. But unanimity may also be found under [CC 3501] if the jury agrees ‘that the People have proved that the defendant committed all the acts alleged to have occurred during this time period [and have proved the defendant committed at least the number of offenses charged].’” (People v. Fernandez (2013) 216 Cal. App. 4th 540.)
Tags: CC 3500, CC 3501, Jury Unanimity (Duplicity), Sex Crimes