CALCRIM No. 937

§§ 242, 243.4(c))

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

fraudulent representation [in violation of Penal Code section 243.4(c)].

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

prove that:

1. The defendant touched an intimate part of ’s <insert

name of complaining witness> body;

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

sexual gratification, or sexual abuse;

3. The defendant fraudulently represented that the touching served

a professional purpose;

AND

4. The person touched was not conscious of the sexual nature of the

act because of the fraudulent representation.

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 the defendant must have

touched the bare skin of ’s <insert name of complaining

witness> intimate part either directly or through the defendant’s

clothing.

A person is not conscious of the sexual nature of the act if he or she is

not aware of the essential characteristics of the act because the

perpetrator fraudulently represented that the touching served a

professional purpose when it did not.

New January 2006; Revised February 2012, March 2017