California, United States of America
The following excerpt is from People v. Phillips, 10 Cal. Daily Op. Serv. 12, 873, 116 Cal.Rptr.3d 401, 188 Cal.App.4th 1383 (Cal. App. 2011):
"The former version of the section 647.6 instruction (CALJIC No. 16.441) stated: '[M]otivated by an unnatural or abnormal sexual interest with respect to children.' (Italics added.) The current version of the instruction (CALJIC No. 16.440 (1990 rev.)) states: '[M]otivated by an unnatural or abnormal sexual interest in [the specific child victim].' [ 8] This revision is apparently**408 based upon language in People v. Thompson, supra, 206 Cal.App.3d at page 465 [253 Cal.Rptr. 564]. (See Use Note to CALJIC No. 16.440 (1990 rev.) (5th ed. pocket pt.) p. 177.) No issue is raised in this appeal regarding this revision. The parties and the trial court used the 'specific child victim' strand in trying this case." Although the jury in Maurer was instructed as to the specific child victim, the Maurer court did not hold that interest in a specific child victim was an element of the offense.
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