[A caretaker is someone who has the care, custody, or control of (a/an)
(elder/dependent adult), or is someone who stands in a position of trust
with (a/an) (elder/dependent adult).]
[Property includes money, labor, or real or personal property.]
[Under the law, a person becomes one year older as soon as the ﬁrst
minute of his or her birthday has begun.]
New January 2006; Revised February 2012, February 2013
The court has a sua sponte duty to give an instruction deﬁning the elements of the
crime. The court also has a sua sponte duty to instruct on the elements of the
underlying theft offense.
If the defendant is charged with taking property valued at more than $950 (see Pen.
Code, § 368(d), (e)), give element 3.
If the person charged is not alleged to be a caretaker (see Pen. Code, § 368(i)),
give alternative 4A. If the person charged stipulated to be a caretaker, give
alternative 4B. If it is in dispute whether the person charged is a caretaker, give
both alternatives 4A and 4B and the bracketed paragraph deﬁning caretaker.
Give the bracketed deﬁnition of “elder” or “dependent adult” (see Pen. Code,
§ 368(g), (h)) on request depending on the evidence in the case. Give the second
and/or third bracketed sentences of the deﬁnition of “dependent adult” if a further
deﬁnition is requested.
The deﬁnition of “property” may be given on request. (See Pen. Code, § 368(d),
Give the ﬁnal bracketed paragraph about calculating age if requested. (Fam. Code,
§ 6500; In re Harris (1993) 5 Cal.4th 813, 849–850 [21 Cal.Rptr.2d 373, 855 P.2d
• Elements. Pen. Code, § 368(d), (e).
•Caretaker Deﬁned. Pen. Code, § 368(i).
• Dependent Adult Deﬁned. Pen. Code, § 368(h).
• Elder Deﬁned. Pen. Code, § 368(g).
• 24-Hour Health Facility. Health & Saf. Code, §§ 1250, 1250.2, 1250.3.
2 Witkin & Epstein, California Criminal Law (3d ed. 2000) Sex Offenses and
Crimes Against Decency, § 169.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 143,
CALCRIM No. 1807 THEFT AND EXTORTION