CALCRIM No. 1128

Child 10 Years of Age or Younger (Pen. Code, § 288.7(b))

The defendant is charged [in Count] with engaging in (oral

copulation/ [or] sexual penetration) with a child 10 years of age or

younger [in violation of Penal Code section 288.7(b)].

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

prove that:

1. The defendant engaged in an act of (oral copulation/ [or] sexual

penetration) with <insert name of complaining

witness>;

2. When the defendant did so, <insert name of

complaining witness> was 10 years of age or younger;

3. At the time of the act, the defendant was at least 18 years old.

[Under the law, a person becomes one year older as soon as the first

minute of his or her birthday has begun.]

[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.]

[Sexual penetration means (penetration, however slight, of the genital or

anal opening of the other person/ [or] causing the other person to

penetrate, however slightly, the defendant’s or someone else’s genital or

anal opening/ [or] causing the other person to penetrate, however

slightly, his or her own genital or anal opening) by any foreign object,

substance, instrument, device, or any unknown object for the purpose of

sexual abuse, arousal, or gratification.]

[Penetration for sexual abuse means penetration for the purpose of

causing pain, injury, or discomfort.]

[An unknown object includes any foreign object, substance, instrument,

or device, or any part of the body, including a penis, if it is not known

what object penetrated the opening.]

[A foreign object, substance, instrument, or device includes any part of the

body except a sexual organ.]

New August 2009; Revised April 2010, February 2013, February 2015, September

2017, September 2019, September 2020