CALCRIM No. 1244. Causing Minor to Engage in Commercial Sex Act (Pen. Code, § 236.1(c))

Judicial Council of California Criminal Jury Instructions (2020 edition)

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1244.Causing Minor to Engage in Commercial Sex Act (Pen.
Code, § 236.1(c))
The defendant is charged [in Count ] with (causing, inducing, or
persuading / (and/or) attempting to cause, induce, or persuade) a minor
to engage in a commercial sex act [in violation of Penal Code section
236.1(c)].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant (caused/ [or] induced/ [or] persuaded) [or]
attempted to (cause/ [or] induce/ [or] persuade)] another person
to engage in a commercial sex act;
2. When the defendant acted, (he/she) intended to (commit/ [or]
maintain) a [felony] violation of <insert appropriate
code section[s]>;
AND
3. When the defendant did so, the other person was under 18 years
of age.
Acommercial sex act is sexual conduct that takes place in exchange for
anything of value.
When you decide whether the defendant (caused/ [or] induced/ [or]
persuaded) the other person to engage in a commercial sex act, consider
all of the circumstances, including the age of the other person, (his/her)
relationship to the defendant [or defendant’s agent[s]], and the other
person’s handicap or disability, if any.
[Under the law, a person becomes one year older as soon as the first
minute of his or her birthday has begun.]
[The other person’s consent is not a defense to this crime.]
[Being mistaken about the other person’s age is not a defense to this
crime.]
New February 2014; Revised March 2019
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give an instruction defining the elements of the
crime.
Insert the correct Penal Code section into the blank provided in element 2 and give
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the corresponding instruction or instructions.
This instruction is based on the language of the statute effective November 7, 2012,
and applies only to crimes committed on or after that date.
If the charged crime is a Penal Code section 21a attempt to violate Penal Code
section 236.1(c) (e.g. when the intended victim is an undercover officer), also give
CALCRIM No. 460, Attempt Other Than Attempted Murder. If the charged crime
includes a violation of the attempt provision of Penal Code section 236.1(c) (e.g.,
when the victim is a minor), do not give CALCRIM No. 460, Attempt Other Than
Attempted Murder. People v. Shields (2018) 23 Cal.App.5th 1242, 1257 [233
Cal.Rptr.3d 701] [“the attempt prong of the statute is distinct from the separate
crime of attempt because a completed violation of the statute requires a person
under the age of 18 while an attempt to violate the statute does not.”]
AUTHORITY
• Elements and Definitions. Pen. Code, § 236.1.
• Menace Defined [in context of false imprisonment]. People v. Matian (1995)
35 Cal.App.4th 480, 484-486 [41 Cal.Rptr.2d 459].
• Calculating Age. Fam. Code, § 6500; In re Harris (1993) 5 Cal.4th 813,
849-850 [21 Cal.Rptr.2d 373, 855 P.2d 391].
• Actual Minor Required. People v. Shields (2018) 23 Cal.App.5th 1242, 1256-
1257 [233 Cal.Rptr.3d 701].
SECONDARY SOURCES
1 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against the
Person, § 278.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 142, Crimes
Against the Person, § 142.14A (Matthew Bender).
1245-1249. Reserved for Future Use
CALCRIM No. 1244 KIDNAPPING
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