CALCRIM No. 1124. Contacting Minor With Intent to Commit Certain Felonies (Pen. Code, § 288.3(a))

Judicial Council of California Criminal Jury Instructions (2022 edition)

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1124.Contacting Minor With Intent to Commit Certain Felonies
(Pen. Code, § 288.3(a))
The defendant is charged [in Count ] with (contacting/[or]
attempting to contact) a minor with the intent to commit
<insert enumerated offense from statute> [in violation of Penal
Code section 288.3(a)].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant (contacted or communicated with/ [or] attempted
to contact or communicate with) a minor;
2. When the defendant did so, (he/she) intended to commit
<insert enumerated offense from statute> involving that
minor;
AND
3. [The defendant knew or reasonably should have known that the
person was a minor(;/.)]
3. [OR]
3. [The defendant believed that the person was a minor.]
Aminor is a person under the age of 18.
[Under the law, a person becomes one year older as soon as the first
minute of his or her birthday has begun.]
Contacting or communicating with a minor includes direct and indirect
contact or communication. [That contact or communication may take
place personally or by using (an agent or agency/ [or] any print medium/
[or] any postal service/ [or] a common carrier/ [or] communication
common carrier/ [or] any electronic communications system/ [or] any
telecommunications/ [or] wire/ [or] computer/ [or] radio communications
[device or system]).]
To decide whether the defendant intended to commit
<specify sex offense[s] listed in Pen. Code, § 288.3(a)>, please refer to the
separate instructions that I (will give/have given) you on (that/those)
crime[s].
New August 2009; Revised March 2017, September 2020
865
Copyright Judicial Council of California
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BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of the
crime.
The court has a sua sponte duty to define the elements of the underlying/target sex
offense. (See People v. Hughes (2002) 27 Cal.4th 287, 349 [116 Cal.Rptr.2d 401, 39
P.3d 432 and People v. May (1989) 213 Cal.App.3d 118, 129 [261 Cal.Rptr. 502].)
AUTHORITY
Elements and Enumerated Offenses. Pen. Code, § 288.3(a).
Calculating Age. Fam. Code, § 6500; In re Harris (1993) 5 Cal.4th 813,
849-850 [21 Cal.Rptr.2d 373, 855 P.2d 391].
Attempted Contact or Communication Does Not Require Minor Victim. People
v. Korwin (2019) 36 Cal.App.5th 682, 688 [248 Cal.Rptr.3d 763].
LESSER INCLUDED OFFENSES
Attempted oral copulation is not a necessarily included offense of Penal Code
section 288.3 under the statutory elements test, because luring can be committed
without a direct act. (People v. Medelez (2016) 2 Cal.App.5th 659, 663 [206
Cal.Rptr.3d 402].)
SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Sex Offenses and
Crimes Against Decency, §§ 67, 178.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 142, Crimes
Against the Person, § 142.21 (Matthew Bender).
Couzens & Bigelow, Sex Crimes: California Law and Procedure §§ 12:17, 12:18
(The Rutter Group).
CALCRIM No. 1124 SEX OFFENSES
866
Copyright Judicial Council of California

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