Tag Archives: Sex Crimes

Does Pandering Require Procurement of Services for a Person Other Than the Defendant?
February 27th, 2020

There is a split of authority on whether pandering, per PC 266i(a)(2) requires that services be procured for a person other than the defendant. (People v. Dixon (2011) 191 Cal.App.4th 1154, 1159- 1160 [third person required]; People v. Jacobo (2019) 37 Cal.App.5th 32, 47 [no third person required].)   Jacobo rejected Dixon as follows:   […]

Tags: ,

Lesser Included Offenses: Accusatory Pleading Test – Consideration of Evidence from Probable Cause Showing
March 14th, 2017

People v. Ortega (2015) 240 Cal.App.4th 956, 967 held that: “Due process principles of fairness, and defendant’s right to be prosecuted only on the noticed charges consistent with the probable cause showing supporting the accusatory pleading, compel us to agree that sexual battery is a lesser included offense of forcible sexual penetration where, as here, […]

Tags: , , , , ,

Instruction on Necessary Intent to Commit the Act without Consent of the Victim
October 9th, 2015

People v. Dillon (2009) 174 Cal. App. 4th 1367, upheld a conviction using CC 890 in conjunction with CC 1045 dealing with the target offense of sexual penetration by force or fear. However, in 2010, when the same defendant in the Dillon case filed a petition for writ of habeas corpus in a federal court, […]

Tags: , , , ,

Touching Must be Done in Lewd and Lascivious Manner
October 5th, 2015

People v. Cellar (2012) 208 Cal. App. 4th 1067, 1071, noted that CC 1120 improperly provides that the “touching need not be done in a lewd or sexual manner.” This language could be interpreted by a jury to negate the requirement in CC 1120 that the touching be done in a lewd or lascivious manner. […]

Tags: , ,

Rape of Intoxicated Victim: Degree of Intoxication
September 28th, 2015

People v. Smith (2011) 191 Cal. App. 4th 199, 204-05, held that CC 1002 correctly incorporates the law of rape of an intoxicated woman as set forth in People v. Giardino (2000) 82 Cal. App. 4th 454, 472. “The instruction sufficiently describes the degree of intoxication required for the crime of rape of an intoxicated […]

Tags: , ,

Sex Crimes: Consent And Withdrawal Of Consent: CC’s 2013 Revision
September 25th, 2015

The committee revised the final bracketed paragraph on “Reasonable Belief in Consent” by changing the first sentence to read thus: The defendant is not guilty of rape if he actually and reasonably believed that the woman consented to the intercourse [and actually and reasonably believed that she consented throughout the act of intercourse].   The […]

Tags: , ,

Jury Unanimity (CC 3500 or CC 3501): Child Molestation: Emphasis of What Must Be Found Vis a Vis Multiple Sex Crimes
May 8th, 2015

To convict a defendant of multiple sex crimes that are not distinguished: the jury must find 3 prerequisites “‘We see no constitutional impediment to allowing a jury, so instructed to find a defendant guilty of more than one indistinguishable act, providing. . .three minimum prerequisites. . .are satisfied.’ [Citation.] Those prerequisites include generic evidence describing […]

Tags: , , , ,

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 […]

Tags: , , ,

Continuous Sexual Abuse
April 30th, 2014

    CC 1120 is the correct instruction to give for the offense of continuous sexual abuse of a child under the age of 14 years. (People v. Sigala (2011)191 Cal App. 4th 695.)

Tags: , ,

Penetration Not Required
April 30th, 2014

  See People v. Dement (2011) 53 Cal. 4th 1, 42.

Tags: , , ,