Is sexual penetration a specific intent crime?

California, United States of America


The following excerpt is from People v. Calix, B229333 (Cal. App. 2012):

Insofar as appellant argues that the court should have instructed the jury that sexual penetration required specific intent, his argument has merit. (People v. Wickersham (1982) 32 Cal.3d 307, 323 [trial court must instruct the jury sua sponte on

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the general principles of law that are closely and openly connected to the evidence presented at trial], disapproved on another ground in People v. Barton (1995) 12 Cal.4th 186, 200-201.) The court erred in describing the crime of sexual penetration of a child as a general intent crime instead of a specific intent crime. (People v. Whitham (1995) 38 Cal.App.4th 1282, 1290 [sexual penetration with a foreign object is a specific intent crime requiring purpose of sexual arousal, gratification, or abuse].)

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