CALCRIM No. 936

243.4(b) & (d))

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:

<Alternative 1A—defendant touched>

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

institutionalized for medical treatment and was seriously disabled

or medically incapacitated, the defendant touched an intimate

part of <insert name of complaining witness>;]

<Alternative 1B—caused complaining witness to touch>

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

institutionalized for medical treatment and was seriously disabled

or medically incapacitated, 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]);]

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

complaining witness> will;

AND

3. 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 institutionalized if he or she is a patient in a hospital,

medical treatment facility, nursing home, acute care facility, or mental

hospital.]

[Someone is seriously disabled if he or she has severe physical or sensory

disabilities.]

[Someone is medically incapacitated if he or she is incapacitated because

of prescribed sedatives, anesthesia, or other medication.]

[An act is done against a person’s will if that person does not consent to

the act. In order to consent, a person must act freely and voluntarily and

know the nature of the act.]

New January 2006