CALCRIM No. 1051

The defendant is charged [in Count] with sexual penetration by

fraud [in violation of Penal Code section 289(f)].

To prove that the defendant is guilty of this crime, the People must

prove that:

1. The defendant committed an act of sexual penetration with

another person;

2. At the time of the act, the defendant and the other person were

not married to each other;

3. The penetration was accomplished by using (a/an) (foreign

object[,]/ [or] substance[,]/ [or] instrument[,]/ [or] device[,]/ [or]

unknown object);

4. The other person submitted to the act because (he/she) believed

the person (committing the act/causing the act to be committed)

was someone (he/she) knew, other than the defendant;

AND

5. The defendant tricked, lied, [used an artifice or pretense,] or

concealed information, intending to make the other person believe

that (he/she) was someone (he/she) knew, while intending to hide

(his/her) own identity.

Sexual penetration means (penetration, however slight, of the genital or

anal opening of the other person/ [or] causing the other person to

penetrate, however slightly, the defendant’s or someone else’s genital or

anal opening/ [or] causing the other person to penetrate, however

slightly, his or her own genital or anal opening) for the purpose of sexual

abuse, arousal, or gratification.

[A foreign object, substance, instrument, or device includes any part of the

body except a sexual organ.] [An unknown object includes any foreign

object, substance, instrument, or device, or any part of the body,

including a penis, if it is not known what object was used to accomplish

the penetration.]

[Penetration for sexual abuse means penetration for the purpose of

causing pain, injury, or discomfort.]

New January 2006; Revised February 2015, April 2020, September 2022