CALCRIM No. 1091

§ 286(b)(2))

The defendant is charged [in Count] with engaging in an act of

sodomy 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 286(b)(2)].

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;

2. The defendant was at least 21 years old at the time of the act;

AND

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

act.

Sodomy is any penetration, no matter how slight, of the anus of one

person by the penis of another person. [Ejaculation 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