What constitutes "sexual intercourse" with a minor?

Section 288.7, subdivision (a), provides: "Any person 18 years of age or older who engages in sexual intercourse or sodomy with a child who is 10 years of age or younger is guilty of a felony and shall be punished by imprisonment in the state prison for a term of 25 years to life." As used in rape and other sex crimes statutes, "'sexual intercourse' has a common meaning . . . and that the term can only refer to vaginal penetration or intercourse. [Citations.]" (People v. Stitely (2005) 35 Cal.4th 514, 554.) The trial court in this case properly instructed the jury with CALCRIM No. 1127 that "sexual intercourse" in violation of section 288.7, subdivision (a), requires vaginal penetration.

Page 12