Tag Archives: Sex Crimes


CC 1111
April 20th, 2014

  In People v. Veale (2008) 160 Cal. App. 4th 40, the Court of Appeal upheld CC 1111. The Court held that “[CC1111] provides proper instruction on the element of a section 288, subdivision (b) offense.” (See also People v. Soto (2011) 51 Cal. 4th 229, 245-258.)


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Rape of Victim Who Is Both Intoxicated And Unconscious
April 10th, 2014

  People v. Smith (2011) 191 Cal. App. 4th 199.


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Consent Not A Defense To PC 288(b)–Lewd Act By Force: Child Victim Under 14
April 1st, 2014

  The April 2011 revision of CC 1111 was explained by the Advisory Committee on Criminal Jury Instructions: “In a very recent case, People v. Soto (2011) 51 Cal. 4th 229, the Supreme Court held that a victim’s consent is not a defense to committing either lewd or aggravated lewd acts on a child under […]


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Jury Unanimity: Child Molestation
February 20th, 2014

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 […]


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