CALCRIM No. 1122

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

a child [in violation of Penal Code section 647.6].

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

prove that:

1. The defendant engaged in conduct directed at a child;

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

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

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

abnormal sexual interest in the child;

AND

4. 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.]

[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) actually and

reasonably 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 actually and reasonably 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