Maurer

An amended information charged defendant, a former high school music teacher, with 22 counts of improper sexual conduct involving 3 of his female students. The jury acquitted defendant of all of the charges except for two counts of misdemeanor child annoyance involving one of the three students, K.V. (Pen. Code, § 647.6; formerly Pen. Code, § 647a.)

The trial court properly instructed the jury on the mental state element required to convict defendant of the misdemeanor child annoyance charges involving K.V.: “Such acts or conduct [must be] motivated by an unnatural or abnormal sexual interest in [K.V.].” (CALJIC No. 16.440 (1990 rev.).) In another instruction, however, the trial court told the jury that “Motive is not an element of the crime charged and need not be shown.” (CALJIC No. 2.51.) We conclude that the trial court erred in providing these conflicting instructions on this mental state element, and that this error cannot be deemed harmless beyond a reasonable doubt. Accordingly, we reverse the two convictions for misdemeanor child annoyance involving K.V. We set forth the facts pertinent to the K.V. charges in the discussion that follows.

Discussion

In the…