CA · jury_instructions
CALCRIM No. 1036
Sodomy by Fraud (Pen. Code, § 286(j))
The defendant is charged [in Count] with sodomy by fraud [in
violation of Penal Code section 286(j)].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant committed an act of sodomy with someone else;
2. The other person submitted to the sodomy because (he/she)
believed the defendant was someone (he/she) knew, other than the
defendant;
AND
3. The defendant tricked, lied, [used an artifice or pretense,] or
concealed information, intending to make the other person believe
that he was someone (he/she) knew, while intending to hide his
own identity.
Sodomy is any penetration, no matter how slight, of the anus of one
person by the penis of another person. [Ejaculation is not required.]
New January 2006; Revised February 2015, September 2022
Provenance
- Source
- courts.ca.gov
- Retrieved
- 2026-08-20
- Edition
- calcrim-2023
- Content hash
43027203db692c8ee47648266166e32e2183ed6b3bd839c532ea3fa5c44d460a
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