CA · jury_instructions
CALCRIM No. 1003
Rape of Unconscious Woman (Pen. Code, § 261(a)(4))
The defendant is charged [in Count] with raping a woman who
was unconscious of the nature of the act [in violation of
<insert appropriate code section[s]>].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant had sexual intercourse with a woman;
2. The woman was unable to resist because she was unconscious of
the nature of the act;
AND
3. The defendant knew that the woman was unable to resist because
she was unconscious of the nature of the act.
Sexual intercourse means any penetration, no matter how slight, of the
vagina or genitalia by the penis. [Ejaculation is not required.]
A woman is unconscious of the nature of the act if she is (unconscious or
asleep/ [or] not aware that the act is occurring/ [or] not aware of the
essential characteristics of the act because the perpetrator tricked, lied
to, or concealed information from her/ [or] not aware of the essential
characteristics of the act because the perpetrator fraudulently
represented that the sexual penetration served a professional purpose
when it served no professional purpose).
New January 2006; Revised August 2012, August 2013, March 2022
Provenance
- Source
- courts.ca.gov
- Retrieved
- 2026-08-20
- Edition
- calcrim-2022
- Content hash
c6fdf16d67e7753663930957884a1f74c973d7c973d326227fe87f9b395e6b0d
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.