CALCRIM No. 1181

The defendant is charged [in Count] with sexual abuse of an

animal [in violation of Penal Code section 286.5].

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

prove that:

1. The defendant had sexual contact with an animal;

AND

2. The defendant did so with the intent of sexual arousal or

gratification, abuse, or financial gain.

Sexual contact means any act between a person and an animal involving

contact between the sex organs or anus of one and the mouth, sex

organs, or anus of the other, or, without a bona fide veterinary or animal

husbandry purpose, the insertion, however slight, of any part of the

body of a person or any object into the vaginal or anal opening of an

animal, or the insertion of any part of the body of an animal into the

vaginal or anal opening of a person.

[Animal means any nonhuman creature, whether alive or dead.]

<Defense: V eterinarian>

[The defendant is not guilty of this offense if (he/she) was a licensed

veterinarian who performed a lawful and accepted practice related to

veterinary medicine. The People have the burden of proving beyond a

reasonable doubt that the defendant was not a veterinarian who

performed a lawful and accepted practice. If the People have not met

this burden, you must find the defendant not guilty of this offense.]

<Defense: V eterinary Technician>

[The defendant is not guilty of this offense if (he/she) was a certified

veterinary technician who, under the guidance of a licensed veterinarian,

performed a lawful and accepted practice related to veterinary medicine.

The People have the burden of proving beyond a reasonable doubt that

the defendant was not a veterinary technician who performed a lawful

and accepted practice under the guidance of a licensed veterinarian. If

the People have not met this burden, you must find the defendant not

guilty of this offense.]

<Defense: Conduct Authorized>

[The defendant is not guilty of this offense if (he/she) performed any

artificial insemination of animals for reproductive purposes, any

accepted animal husbandry practices such as raising, breeding, or

assisting with the birthing process of animals or any other practice that

provides care for an animal, or to any generally accepted practices

related to the judging of breed conformation. The People have the

burden of proving beyond a reasonable doubt that the defendant was not

authorized to perform the act. If the People have not met this burden,

you must find the defendant not guilty of this offense.]

New January 2006; Revised September 2022