Tag Archives: CC 1082


When is a Mistake of Fact as to Victim’s Age a Defense?
July 15th, 2021

PC 261; PC 261.5(a) & (b); 289(h)&(i) In People v. Hernandez (1964) 61 Cal.2d 529, 529-530 the CSC analyzed the legislative intent behind PC 261, which defined sex with a female under the age of 18 years as rape (commonly known as statutory rape). The issue in the case was whether “the trial court erred […]


Tags: , , , , , , , , , ,


Proposed Changes to Statutory Authority Re: CALCRIM Oral Copulation Instructions, Effective 9/24/19
June 26th, 2019

Per an “Invitation to Comment” (5/28 – 7/5/19; CALCRIM-2019-01) the statutory authority for the following instructions on oral copulation is to be changed from Penal Code section 288a to Penal Code section 287. (The proposed effective date of the changes is 9/24/19.) 123 Witness Identified as John or Jane Doe 208 Witness Identified as John […]


Tags: , , , , , , , , , , , , , , , , , , , ,