CALCRIM No. 1071

Younger (Pen. Code, § 261.5(a) & (c))

The defendant is charged [in Count] with unlawful sexual

intercourse with a minor who was more than three years younger than

the defendant [in violation of Penal Code section 261.5(c)].

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;

AND

3. At the time of the intercourse, the other person was under the

age of 18 and more than three years younger than the defendant.

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. The People

must prove beyond a reasonable doubt that the defendant did not

reasonably and actually believe that the other person was at least 18

years old. If the People have not met this burden, you must find the

defendant not guilty of this crime.]

New January 2006; Revised September 2020