CALCRIM No. 1121

§ 647.6(a)–(c))

The defendant is charged [in Count] with annoying or molesting

a child in an inhabited dwelling [in violation of Penal Code section

647.6(b)].

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

prove that:

1. The defendant entered an inhabited (dwelling house/part of a

building/trailer coach) without consent;

2. After entering the (house/building/trailer coach), the defendant

engaged in conduct directed at a child;

3. A normal person, without hesitation, would have been disturbed,

irritated, offended, or injured by the defendant’s conduct;

4. The defendant’s conduct was motivated by an unnatural or

abnormal sexual interest in the child;

AND

5. The child was under the age of 18 years at the time of the

conduct.

[It is not necessary that the child actually be irritated or disturbed.] [It

is [also] not necessary that the child actually be touched.]

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

[A (house/part of a building/trailer coach) is inhabited if someone uses it

as a dwelling, whether or not someone is inside at the time of the alleged

conduct.]

[A (house/part of a building/trailer coach) is inhabited if someone used it

as a dwelling and left only because a natural or other disaster caused

him or her to leave.]

[A (house/part of a building/trailer coach) is not inhabited if the former

residents have moved out and do not intend to return, even if some

personal property remains inside.]

[A house includes any (structure/garage/office/ <insert other

description>) that is attached to the house and functionally connected

with it.]

[A trailer coach is a vehicle without its own mode of power, designed to

be pulled by a motor vehicle. It is made for human habitation or human

occupancy and for carrying property.]

[A trailer coach is [also] a park trailer that is intended for human

habitation for recreational or seasonal use only and

(1) has a floor area of no more than 400 square feet;

(2) is not more than 14 feet wide;

(3) is built on a single chassis;

AND

(4) may be transported on public highways only with a permit.]

[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 Over 18>

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

actually believed that the child was at least 18 years of age. The People

have the burden of proving beyond a reasonable doubt that the

defendant did not reasonably and actually believe the child was at least

18 years of age. If the People have not met this burden, you must find

the defendant not guilty of this crime.]

New January 2006; Revised August 2016