2393. Inducing Minor to Use Marijuana
The defendant is charged [in Count ______] with inducing someone under 18 years of age to use marijuana.
To prove that the defendant is guilty of this crime, the People must prove that:
1. The defendant [unlawfully] (encouraged/persuaded/ solicited/intimidated/induced) <insert name of person solicited> to use marijuana;
2. At that time, the defendant was at least 18 years of age or older;
3. At that time, <insert name of person solicited> was under 18 years of age.
[Marijuana means all or part of the Cannabis sativa L. plant, whether growing or not, including the seeds and resin extracted from any part of the plant. [It also includes every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin.] [It does not include the mature stalks of the plant; fiber produced from the stalks; oil or cake made from the seeds of the plant; any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake; or the sterilized seed of the plant which is incapable of germination.]]
[Under the law, a person becomes one year older as soon as the first minute of his or her birthday has begun.]
<Defense: Good Faith Belief Over 18>
[The defendant is not guilty of this crime if (he/she) reasonably and actually believed that <insert name of person solicited> was at least 18 years of age. The People have the burden of proving beyond a reasonable doubt that the defendant did not reasonably and actually believe that <insert name of person solicited> was at least 18 years of age. If the People have not met this burden, you must find the defendant not guilty of this crime.]
The court has a sua sponte duty to give this instruction defining the elements of the crime.
Give the 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 391].)
The court has a sua sponte duty to give the final bracketed paragraph if there is substantial evidence supporting the defense that the defendant had a reasonable and good faith belief that the person was over 18 years of age. (People v. Goldstein (1982) 130 Cal.App.3d 1024, 1036-1037 [182 Cal.Rptr. 207].)
Elements. Health & Saf. Code, § 11361(a).
Age of Defendant Element of Offense. People v. Montalvo (1971) 4 Cal.3d 328, 332 [93 Cal.Rptr. 581, 482 P.2d 205].
Good Faith Belief Minor Over 18 Defense to Inducing or Soliciting. People v. Goldstein (1982) 130 Cal.App.3d 1024, 1036- 1037 [182 Cal.Rptr. 207].
2 Witkin & Epstein, California Criminal Law (3d ed. 2000) Crimes Against Public Peace and Welfare, § 105.
3 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 73, Defenses and Justifications, § 73.06 (Matthew Bender).
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 145, Narcotics and Alcohol Offenses, § 145.01[a], [a] (Matthew Bender).
(New January 2006)