CALCRIM Revisions Effective October 1, 2021
October 12th, 2021
Effective 10/01/2021 CALCRIM revised instructions listed below. See https://jcc.legistar.com/View.ashx?M=F&ID=9785541&GUID=96E612F7-0BC9-43FE-814D-86F615957765 Number Title 336 In-Custody Informant 417 Liability for Coconspirators’ Acts 582 Involuntary Manslaughter: Failure to Perform Legal Duty–Murder Not Charged 625 Voluntary Intoxication: Effects on Homicide Crimes 775 Death Penalty: Mental Retardation 840 […]
Tags: CC 1001, CC 1015, CC 1016, CC 1030, CC 1031, CC 1201, CC 1215, CC 1243, CC 1244, CC 1807, CC 1930, CC 2045, CC 2100, CC 2200, CC 2656, CC 3185, CC 336, CC 3411, CC 3451, CC 417, CC 582, CC 625, CC 775, CC 840, CC 852A
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: CC 1070, CC 1071, CC 1072, CC 1082, CC 1101, CC 1102, CC 1243, CC 3406, CC 3414, Mistake Of Fact, Statutory Rape
A Defendant May Be Convicted of Human Trafficking of a Minor Under the Attempt Prong of the Statute (Pen. Code, § 236.1, Subd. (C)), Rather Than the General Law of Attempt (Pen. Code, §§ 21a, 664), Even if the Target of His Recruitment Efforts Is an Undercover Detective
July 8th, 2021
People v. Moses (2020) 10 Cal.5th 893 held that to violate PC 236.1(c) based on an attempt, the defendant must intend to induce a minor to engage in a commercial sex act (at least when no actual minor victim is involved). But the target of that inducement need not be an actual minor. (The Court disapproved People […]
Tags: CC 1243, CC 3406, CC 3414
