CA · jury_instructions
CALCRIM No. 1005
Rape by Fraud (Pen. Code, § 261(a)(5))
The defendant is charged [in Count] with rape by fraud [in
violation of Penal Code section 261(a)(5)].
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 submitted to the intercourse because she believed the
defendant was someone she knew, other than the defendant;
AND
3. The defendant tricked her, lied to her, [used an artifice or
pretense,] or concealed information from her, intending to make
her believe he was someone she knew, while intending to hide his
own identity.
Sexual intercourse means any penetration, no matter how slight, of the
vagina or genitalia by the penis. [Ejaculation is not required.]
New January 2006; Revised February 2015, March 2022
Provenance
- Source
- courts.ca.gov
- Retrieved
- 2026-08-20
- Edition
- calcrim-2022
- Content hash
dc6d5f8e52c69ce88eab50ef8d2282a3df89019f2e81c8e0746b2517bd1f7001
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