CALCRIM No. 935

The defendant is charged [in Count] with sexual battery [in

violation of Penal Code section 243.4].

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

prove that:

1. The defendant [or an accomplice] unlawfully restrained

<insert name of complaining witness>;

<Alternative 2A—defendant touched>

[2. While <insert name of complaining witness> was

restrained, the defendant touched an intimate part of

<insert name of complaining witness>;]

<Alternative 2B—caused complaining witness to touch>

[2. While <insert name of complaining witness> was

restrained, the defendant (caused <insert name of

complaining witness> to touch (his/her) own intimate part/ [or]

caused <insert name of complaining witness> to touch

the intimate part of defendant [or someone else]);]

3. The touching was done against ’s <insert name of

complaining witness> will;

AND

4. The touching was done for the specific purpose of sexual arousal,

sexual gratification, or sexual abuse.

An intimate part is a female’s breast or the anus, groin, sexual organ or

buttocks of anyone.

Contact must have been made with ’s <insert name of

complaining witness> bare skin. This means that:

1. The defendant must have touched the bare skin of ’s

<insert name of complaining witness> intimate part;

OR

2. ’s <insert name of complaining witness> bare skin

must have touched the defendant’s [or ’s <insert

name or description of third person>] intimate part either directly

or through (his/her) clothing.

Someone is unlawfully restrained when his or her liberty is controlled by

words, acts, or authority of another and the restraint is against his or

her will. Unlawful restraint requires more than just the physical force

necessary to accomplish the sexual touching. [A person does not

unlawfully restrain someone if he or she only uses lawful authority for a

lawful purpose.]

[A touching is done against a person’s will if that person does not consent

to it. To consent, a person must act freely and voluntarily and know the

nature of the touching.]

[A person is an accomplice if he or she is subject to prosecution for the

identical crime charged against the defendant. Someone is subject to

prosecution if he or she personally committed the crime or if:

1. He or she knew of the criminal purpose of the person who

committed the crime;

AND

2. He or she intended to, and did in fact, (aid, facilitate, promote,

encourage, or instigate the commission of the crime/ [or]

participate in a criminal conspiracy to commit the crime).]

<Defense: Reasonable Belief in Consent>

[The defendant is not guilty of sexual battery if (he/she) actually and

reasonably, even if mistakenly, believed that the other person consented

to the touching [and actually and reasonably believed that (he/she)

consented throughout the act of touching]. The People have the burden

of proving beyond a reasonable doubt that the defendant did not

actually and reasonably believe that the other person consented. If the

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

guilty.]

New January 2006; Revised February 2016