Tag Archives: Sex Offenses


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, […]


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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. […]


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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.)


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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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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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