CA · jury_instructions
CALCRIM No. 1018
Oral Copulation of an Unconscious Person (Pen. Code,
§ 287(a), (f))
The defendant is charged [in Count] with oral copulation of a
person who was unconscious of the nature of the act [in violation of
Penal Code section 287(f)].
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 another
person;
2. The other person was unable to resist because (he/she) was
unconscious of the nature of the act;
AND
3. The defendant knew that the other person was unable to resist
because (he/she) was unconscious of the nature of the act.
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.
A person is unconscious of the nature of the act if he or 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 the person/ [or] not aware
of the essential characteristics of the act because the perpetrator
fraudulently represented that the oral copulation served a professional
purpose when it served no professional purpose).
New January 2006; Revised August 2015
Provenance
- Source
- courts.ca.gov
- Retrieved
- 2026-08-20
- Edition
- calcrim-2020
- Content hash
8cb01a0dc4130e731a3c5caddf42cb2d6e8b9791260b2d5cc3b34c7d3d87fcb4
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