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CA · jury_instructions

CALCRIM No. 1019

Oral Copulation of a Disabled Person (Pen. Code, § 287(a),

activein force · 2020-01-01 – presentcompiled-edition

(g))

The defendant is charged [in Count] with oral copulation of a

mentally or physically disabled person [in violation of Penal Code section

287(g)].

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 had a (mental disorder/developmental or

physical disability) that prevented (him/her) from legally

consenting;

AND

3. The defendant knew or reasonably should have known that the

other person had a (mental disorder/developmental or physical

disability) that prevented (him/her) from legally consenting.

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 prevented from legally consenting if he or she is unable to

understand the act, its nature, and possible consequences.

New January 2006; Revised August 2012

Provenance

Source
courts.ca.gov
Retrieved
2026-08-20
Edition
calcrim-2020
Content hash
f6b21a40822b9f042b3609e3ef9926a293b7c1affe689915f0477459b205d4c3
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