CALCRIM No. 1015

§ 287(c)(2) & (3), (k))

The defendant is charged [in Count] with oral copulation by

force [in violation of Penal Code section 287].

To prove that the defendant is guilty of this crime, the People must

prove that:

1. The defendant committed an act of oral copulation with someone

else;

2. The other person did not consent to the act;

AND

3. The defendant accomplished the act by

<Alternative 3A—force or fear>

[force, violence, duress, menace, or fear of immediate and unlawful

bodily injury to someone.]

<Alternative 3B—future threats of bodily harm>

[threatening to retaliate against someone when there was a reasonable

possibility that the threat would be carried out. A threat to retaliate is

a threat to kidnap, unlawfully restrain or confine, or inflict extreme

pain, serious bodily injury, or death.]

<Alternative 3C—threat of offıcial action>

[threatening to use the authority of a public office to incarcerate,

arrest, or deport someone. A public official is a person employed by a

government agency who has the authority to incarcerate, arrest, or

deport. The other person must have reasonably believed that the

defendant was a public official even if (he/she) was not.]

Oral copulation is any contact, no matter how slight, between the mouth

of one person and the sexual organ or anus of another person.

Penetration is not required.

[To consent, a person must know the nature of the act or transaction

involved, act freely and voluntarily, and positively cooperate by act or

attitude.]

[Evidence that the defendant and the person (dated/were married/had

been married) is not enough by itself to constitute consent.]

[Evidence that the person (requested/suggested/communicated) that the

defendant use a condom or other birth control device is not enough by

itself to constitute consent.]

[An act is accomplished by force if a person uses enough physical force to

overcome the other person’s will.]

[Duress means a direct or implied threat of force, violence, danger,

hardship, or retribution that causes a reasonable person to do [or submit

to] something that he or she would not otherwise do [or submit to].

When deciding whether the act was accomplished by duress, consider all

the circumstances, including the age of the other person and (his/her)

relationship to the defendant.]

[Retribution is a form of payback or revenge.]

[Menace means a threat, statement, or act showing an intent to injure

someone.]

[An act is accomplished by fear if the other person is actually and

reasonably afraid [or (he/she) is actually but unreasonably afraid and the

defendant knows of (his/her) fear and takes advantage of it].]

[The defendant is not guilty of forcible oral copulation if he or she

actually and reasonably believed that the other person consented to the

act. The People have the burden of proving beyond a reasonable doubt

that the defendant did not actually and reasonably believe that the

person consented. If the People have not met this burden, you must find

the defendant not guilty.]

New January 2006; Revised August 2006, October 2021, March 2022, February