CALCRIM No. 1070

Code, § 261.5(a) & (d))

The defendant is charged [in Count] with having unlawful sexual

intercourse with a person who was under the age of 16 years at a time

after the defendant had reached (his/her) 21st birthday [in violation of

Penal Code section 261.5(d)].

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

prove that:

1. The defendant had sexual intercourse with another person;

2. The defendant and the other person were not married to each

other at the time of the intercourse;

3. The defendant was at least 21 years old at the time of the

intercourse;

AND

4. The other person was under the age of 16 years at the time of the

intercourse.

Sexual intercourse means any penetration, no matter how slight, of the

vagina or genitalia by the penis. [Ejaculation is not required.]

[It is not a defense that the other person may have consented to the

intercourse.]

[Under the law, a person becomes one year older as soon as the first

minute of his or her birthday has begun.]

<Defense: Good Faith Belief 18 or Over>

[The defendant is not guilty of this crime if (he/she) reasonably and

actually believed that the other person was age 18 or older. In order for

reasonable and actual belief to excuse the defendant’s behavior, there

must be evidence tending to show that (he/she) reasonably and actually

believed that the other person was age 18 or older. If you have a

reasonable doubt about whether the defendant reasonably and actually

believed that the other person was age 18 or older, you must find (him/

her) not guilty.]

New January 2006; Revised April 2008