Can a jury be instructed on the elements of the criminal sexual penetration statute cited in the indictment?

MultiRegion, United States of America

The following excerpt is from United States v. Lopez, 4 F.4th 706 (9th Cir. 2021):

instruct the jury on the elements of the Guam criminal sexual penetration statute cited in the indictment. We review forfeited objections to jury instructions for plain error, meaning the defendant must identify an error that was plain, affected his substantial rights, and seriously undermined the integrity or reputation of judicial proceedings. United States v. Peterson , 538 F.3d 1064, 1070 (9th Cir. 2008).14 We conclude that, although the district court should have instructed the jury on the applicable "laws of Guam," Lopez cannot meet his burden of establishing the error affected his substantial rights.

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