CALCRIM No. 1036. Sodomy by Fraud (Pen. Code, § 286(j))

Judicial Council of California Criminal Jury Instructions (2024 edition)

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1036.Sodomy by Fraud (Pen. Code, § 286(j))
The defendant is charged [in Count ] with sodomy by fraud [in
violation of Penal Code section 286(j)].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant committed an act of sodomy with someone else;
2. The other person submitted to the sodomy because (he/she)
believed the defendant was someone (he/she) knew, other than the
defendant;
AND
3. The defendant tricked, lied, [used an artifice or pretense,] or
concealed information, intending to make the other person believe
that he was someone (he/she) knew, while intending to hide his
own identity.
Sodomy is any penetration, no matter how slight, of the anus of one
person by the penis of another person. [Ejaculation is not required.]
New January 2006; Revised February 2015, September 2022
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give an instruction defining the elements of the
crime.
Related Instructions
CALCRIM No. 1031, Sodomy in Concert, may be given in conjunction with this
instruction if appropriate.
AUTHORITY
• Elements. Pen. Code, § 286(j).
• Sodomy Defined. Pen. Code, § 286(a); see People v. Singh (1923) 62 Cal.App.
450, 452 [217 P. 121] [ejaculation is not required].
LESSER INCLUDED OFFENSES
• Attempted Sodomy by Fraud. Pen. Code, §§ 664, 286(j).
RELATED ISSUES
See the Related Issues section under CALCRIM No. 1030, Sodomy by Force, Fear,
or Threats.
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SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Sex Offenses and
Crimes Against Decency, § 30.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 142, Crimes
Against the Person, § 142.20[1][b], [6] (Matthew Bender).
Couzens & Bigelow, Sex Crimes: California Law and Procedure §§ 12:16, 12:17
(The Rutter Group).
CALCRIM No. 1036 SEX OFFENSES
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© Judicial Council of California.