CALCRIM No. 1162

The defendant is charged [in Count] with soliciting another

person to engage in lewd conduct in public [in violation of Penal Code

section 647(a)].

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

prove that:

1. The defendant requested [or <insert other synonyms

for “solicit,” as appropriate>] that another person engage in the

touching of ((his/her) own/ [or] another person’s) (genitals[,]/ [or]

buttocks[,]/ [or] female breast);

2. The defendant requested that the other person engage in the

requested conduct in (a public place/ [or] a place open to the

public [or in public view]);

3. When the defendant made the request, (he/she) was in (a public

place/ [or] a place open to the public [or in public view]);

4. The defendant intended for the conduct to occur in (a public

place/ [or] a place open to the public [or in public view]);

5. When the defendant made the request, (he/she) did so with the

intent to sexually arouse or gratify (himself/herself) or another

person, or to annoy or offend another person;

[AND]

6. The defendant knew or reasonably should have known that

someone was likely to be present who could be offended by the

requested conduct(;/.)

<Give element 7 when instructing that person solicited must receive

message; see Bench Notes.>

[AND

7. The other person received the communication containing the

request.]

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

purpose.

[As used here, a public place is a place that is open and accessible to

anyone who wishes to go there.]

New January 2006; Revised August 2006, December 2008, September 2017, March