CALCRIM No. 1082

§ 287(b)(1))

The defendant is charged [in Count] with oral copulation with a

person who was under the age of 18 [in violation of Penal Code section

287(b)(1)].

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

prove that:

1. The defendant participated in an act of oral copulation with

another person;

AND

2. The other person was under the age of 18 when the act was

committed.

Oral copulation is any contact, no matter how slight, between the mouth

of one person and the sexual organ or anus of another person.

Penetration is not required.

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

[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 March 2017