CALCRIM No. 1020

(Pen. Code, § 287(a), (h))

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

mentally or physically disabled person in a mental hospital [in violation

of Penal Code section 287(h)].

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;

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;

AND

4. At the time of the act, both people were confined in a state

hospital or other mental health facility.

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 incapable of giving legal consent if he or she is unable to

understand the act, its nature, and possible consequences.

[<Insert name of facility> is a (state hospital/mental health

facility).] [A state hospital or other mental health facility includes a state

hospital for the care and treatment of the mentally disordered or any

other public or private facility approved by a county mental health

director for the care and treatment of the mentally disordered.]

New January 2006