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

Judicial Council of California Criminal Jury Instructions (2022 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/ [or] the defendant believed that the 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, October 2021
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give an instruction defining the elements of the
crime.
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Insert the correct Penal Code section into the blank provided in element 2 and give
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.
Related Instructions
CALCRIM No. 3184, Sex Offenses: Sentencing Factors - Using Force or Fear to
Cause Minor to Engage in Commercial Sex Act.
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].
Attempt to Cause, Induce, or Persuade Does Not Require Minor Victim. People
v. Moses (2020) 10 Cal.5th 893, 912-913 [272 Cal.Rptr.3d 862, 477 P.3d 579].
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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