CALCRIM No. 1111

§ 288(b)(1))

The defendant is charged [in Count] with a lewd or lascivious act

by force or fear on a child under the age of 14 years [in violation of

Penal Code section 288(b)(1)].

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

prove that:

<Alternative 1A—defendant touched child>

[1A. The defendant willfully touched any part of a child’s body either

on the bare skin or through the clothing;]

[OR]

<Alternative 1B—child touched defendant>

[1B. The defendant willfully caused a child to touch (his/her) own

body, the defendant’s body, or the body of someone else, either on the

bare skin or through the clothing;]

2. In committing the act, the defendant used force, violence, duress,

menace, or fear of immediate and unlawful bodily injury to the child or

someone else;

3. The defendant committed the act with the intent of arousing,

appealing to, or gratifying the lust, passions, or sexual desires of

(himself/herself) or the child;

AND

4. The child was under the age of 14 years at the time of the act.

Someone commits an act willfully when he or she does it willingly or on

purpose. It is not required that he or she intend to break the law, hurt

someone else, or gain any advantage.

[Actually arousing, appealing to, or gratifying the lust, passions, or

sexual desires of the perpetrator or the child is not required.]

The force used must be substantially different from or substantially

greater than the force needed to accomplish the act itself.

[Duress means the use of a direct or implied threat of force, violence,

danger, hardship, or retribution sufficient to cause a reasonable person

to do [or submit to] something that he or she would not otherwise do [or

submit to]. When deciding whether the act was accomplished by duress,

consider all the circumstances, including the age of the child and (his/

her) relationship to the defendant.]

[Retribution is a form of payback or revenge.]

[Menace means a threat, statement, or act showing an intent to injure

someone.]

[An act is accomplished by fear if the child is actually and reasonably

afraid [or (he/she) is actually but unreasonably afraid and the defendant

knows of (his/her) fear and takes advantage of it].]

[It is not a defense that the child 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.]

New January 2006; Revised April 2011, August 2014, August 2016