CA · jury_instructions
CALCRIM No. 1037
Sodomy While in Custody (Pen. Code, § 286(e))
The defendant is charged [in Count] with sodomy while he was
confined in (state prison/a local detention facility) [in violation of Penal
Code section 286(e)].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant participated in an act of sodomy with another
person;
AND
2. At the time of the act, the defendant was confined in (state
prison/a local detention facility).
Sodomy is any penetration, no matter how slight, of the anus of one
person by the penis of another person. [Ejaculation is not required.]
[<Insert name of facility> is a (state prison/local detention
facility).] [A state prison is any prison or institution maintained by the
Department of Corrections and Rehabilitation.] [A local detention facility
includes any city, county, or regional jail or other facility used to confine
adults [or both adults and minors].]
New January 2006; Revised August 2016
Provenance
- Source
- courts.ca.gov
- Retrieved
- 2026-08-20
- Edition
- calcrim-2019
- Content hash
bc6a183e02fb60b59d8e97c95bd118c78483f8fcbcc2e2746f47fab10cef0f15
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