CA · jury_instructions
CALCRIM No. 1033
Sodomy of an Unconscious Person (Pen. Code, § 286(f))
The defendant is charged [in Count] with sodomy of a person
who was unconscious of the nature of the act [in violation of Penal Code
section 286(f)].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant committed an act of sodomy 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.
Sodomy is any penetration, no matter how slight, of the anus of one
person by the penis of another person. [Ejaculation 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 sexual penetration served a
professional purpose when it served no professional purpose).
New January 2006
Provenance
- Source
- courts.ca.gov
- Retrieved
- 2026-08-20
- Edition
- calcrim-2019
- Content hash
a928cb93c445e779381a6f6046b18d456ad8a037f0c19ebe6293f1b6f56789db
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