California Criminal Jury Instructions (CALCRIM) (2017)

2980. Contributing to Delinquency of Minor

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F. OFFENSES INVOLVING CARE OF MINOR
2980.Contributing to Delinquency of Minor (Pen. Code, § 272)
The defendant is charged [in Count ] with contributing to the
delinquency of a minor [in violation of Penal Code section 272].
To prove that the defendant is guilty of this crime, the People must
prove that:
<Alternative A—caused or encouraged minor to come under jurisdiction of
juvenile court>
[1. The defendant (committed an act/ [or] failed to perform a duty);
AND
2. In (doing so/ [or] failing to do so)[,] the defendant (caused[,]/ [or]
encouraged[,]/ [or] contributed to (causing/ [or] encouraging)) a minor
to become [or continue to be] a (dependent /delinquent) child of the
juvenile court.]
<Alternative B—induced minor to come or remain under jurisdiction of
juvenile court or not to follow court order>
[The defendant by (act[,]/ [or] failure to act[,]/ [or] threat[,]/ [or]
command[,]/ [or] persuasion) induced or tried to induce a
(minor/delinquent child of the juvenile court/dependent child of the
juvenile court) to do either of the following:
1. Fail or refuse to conform to a lawful order of the juvenile court;
OR
2. (Do any act/Follow any course of conduct/Live in a way) that
would cause or obviously tend to cause that person to become or
remain a (dependent /delinquent) child of the juvenile court.]
In order to commit this crime, a person must act with [either] (general
criminal intent/ [or] criminal negligence).
[In order to act with general criminal intent, a person must not only
commit the prohibited act [or fail to do the required act], but must do
so intentionally or on purpose. However, it is not required that he or she
intend to break the law.]
[Criminal negligence involves more than ordinary carelessness,
inattention, or mistake in judgment. A person acts with criminal
negligence when:
1. He or she acts in a reckless way that creates a high risk of death
or great bodily injury;
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AND
2. A reasonable person would have known that acting in that way
would create such a risk.
In other words, a person acts with criminal negligence when the way he
or she acts is so different from the way an ordinarily careful person
would act in the same situation that his or her act amounts to disregard
for human life or indifference to the consequences of that act.]
Aminor is a person under 18 years old.
[Under the law, a person becomes one year older as soon as the first
minute of his or her birthday has begun.]
[A parent [or legal guardian] has a duty to exercise reasonable care,
supervision, protection, and control over his or her minor child.]
[A guardian means the legal guardian of a child.]
<A. Dependent Child Defined: Physical Abuse>
[A minor may become a dependent child if his or her parent [or
guardian] has intentionally inflicted serious physical harm on him or
her, or there is a substantial risk that the parent [or guardian] will do
so.]
[The manner in which a less serious injury, if any, was inflicted, any
history of repeated infliction of injuries on the child or the child’s
siblings, or a combination of these and other actions by the parent or
guardian may be relevant to whether the child is at substantial risk of
serious physical harm.]
[Serious physical harm does not include reasonable and age-appropriate
spanking of the buttocks when there is no evidence of serious physical
injury.]
<B. Dependent Child Defined: Neglect>
[A minor may become a dependent child if he or she has suffered, or is
at substantial risk of suffering, serious physical harm or illness as a
result of [one of the following]:
[1.] [The failure or inability of his or her parent [or guardian] to
adequately supervise or protect the child(;/.)]
[OR]
[(1/2).] [The willful or negligent failure of his or her parent [or
guardian] to provide the child with adequate food, clothing,
shelter, or medical treatment(;/.)]
[OR]
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[(1/2/3).] [The inability of his or her parent [or guardian] to provide
regular care for the child due to the parent’s [or guardian’s]
(mental illness[,]/ [or] developmental disability[,]/ [or]
substance abuse).]
[A minor cannot become a dependent child based only on the fact that
there is a lack of emergency shelter for the minor’s family.]
[Deference must be given to a parent’s [or guardian’s] decision to give
medical treatment, nontreatment, or spiritual treatment through prayer
alone in accordance with the tenets and practices of a recognized
church or religious denomination, by one of its accredited practitioners.
A minor cannot be found to be a dependent child unless such a finding
is necessary to protect the minor from suffering serious physical harm
or illness. The following factors may bear on such a determination:
1. The nature of the treatment proposed by the parent [or
guardian];
2. The risks, if any, to the child posed by the course of treatment
or nontreatment proposed by the parent [or guardian];
3. The risks, if any, of any alternative course of treatment being
proposed for the child by someone other than the parent [or
guardian];
AND
4. The likely success of the course of treatment or nontreatment
proposed by the parent [or guardian].]
[A minor may be a dependent child only as long as necessary to protect
him or her from the risk of suffering serious physical harm or illness.]]
<C. Dependent Child Defined: Serious Emotional Damage>
[A minor may become a dependent child if (his or her parent’s [or
guardian’s] conduct[,]/ [or] the lack of a parent [or guardian] who is
capable of providing appropriate care[,]) has caused the minor to suffer
serious emotional damage or to face a substantial risk of suffering
serious emotional damage. Serious emotional damage may be shown by
severe anxiety, depression, withdrawal, or unruly, aggressive behavior
toward himself, herself, or others. [However, a minor cannot become a
dependent child on this basis if the parent [or guardian] willfully fails to
provide mental health treatment to the minor based on a sincerely held
religious belief and a less-intrusive intervention is available.]]
<D. Dependent Child Defined: Sexually Abused>
[A minor may become a dependent child if he or she:
1. Has been sexually abused;
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2. Faces a substantial risk of being sexually abused by (his or her
(parent/ [or] guardian)/ [or] a member of his or her household);
OR
3. Has a parent [or guardian] who has failed to adequately protect
him or her from sexual abuse when the parent [or guardian]
knew or reasonably should have known that the child was in
danger of sexual abuse.]
<E. Dependent Child Defined: Severe Physical Abuse Under Age Five>
[A minor may become a dependent child if he or she is under five years
old and has suffered severe physical abuse by a parent or by any person
known by the parent if the parent knew or reasonably should have
known that the person was physically abusing the child.
As used here, the term severe physical abuse means any of the following:
1. A single act of abuse that causes physical trauma of sufficient
severity that, if left untreated, would cause permanent physical
disfigurement, permanent physical disability, or death;
2. A single act of sexual abuse that causes significant bleeding, deep
bruising, or significant external or internal swelling;
3. More than one act of physical abuse, each of which causes
bleeding, deep bruising, significant external or internal swelling,
bone fracture, or unconsciousness;
OR
4. The willful, prolonged failure to provide adequate food.]
<F. Dependent Child Defined: Parent or Guardian Caused Death>
[A minor may become a dependent child if his or her parent [or
guardian] caused the death of another child through abuse or neglect.]
<G. Dependent Child Defined: Left Without Support>
[A minor may become a dependent child if he or she has been left
without any provision for support.]
[A minor may become a dependent child if he or she has been
voluntarily surrendered according to law and has not been reclaimed
within the 14-day period following that surrender.]
[A minor may become a dependent child if his or her parent [or
guardian] has been incarcerated or institutionalized and cannot arrange
for the child’s care.]
[A minor may become a dependent child if his or her relative or other
adult custodian with whom he or she resides or has been left is
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unwilling or unable to provide care or support for the child, the
parent’s whereabouts are unknown, and reasonable efforts to locate the
parent have been unsuccessful.]
<H. Dependent Child Defined: Freed for Adoption>
[A minor may become a dependent child if he or she has been freed for
adoption by one or both parents for 12 months by either relinquishment
or termination of parental rights, or an adoption petition has not been
granted.]
<I. Dependent Child Defined: Acts of Cruelty>
[A minor may become a dependent child if he or she has been subjected
to an act or acts of cruelty by (his or her (parent/ [or] guardian)/ [or] a
member of his or her household), or the parent [or guardian] has failed
to adequately protect the child from an act or acts of cruelty when the
parent [or guardian] knew or reasonably should have known that the
child was in danger of being subjected to an act or acts of cruelty.]
<J. Dependent Child Defined: Sibling Abused>
[A minor may become a dependent child if his or her sibling has been
abused or neglected, as explained above, and there is a substantial risk
that the child will be abused or neglected in the same way. The
circumstances surrounding the abuse or neglect of the sibling, the
mental condition of the parent [or guardian], and other factors may
bear on whether there is a substantial risk to the child.]
<Delinquent Child Defined>
[A delinquent child is a minor whom a court has found to have
committed a crime.]
[A delinquent child is [also] a minor who has violated a curfew based
solely on age.]
[A delinquent child is [also] a minor who persistently or habitually
refuses to obey the reasonable and proper orders or directions of his or
her parent [or guardian or custodian], or who is beyond the control of
that person.]
[A delinquent child is [also] a minor who <insert other
grounds for delinquency from Welf. & Inst. Code, § 601>.]
<Sexual Abuse Defined>
[Sexual abuse includes (rape[,]/ [and] statutory rape[,]/ [and] rape in
concert[,]/ [and] incest[,]/ [and] sodomy[,]/ [and] lewd or lascivious acts
on a child[,]/ [and] oral copulation[,]/ [and] sexual penetration [,]/ [and]
child molestation[,]/ [and] employing a minor to perform obscene acts[,]/
[and] preparing, selling, or distributing obscene matter depicting a
minor).]
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To decide whether the (parent/guardian/ <insert description
of person alleged to have committed abuse>) committed (that/one of
those) crime[s], please refer to the separate instructions that I (will give/
have given) you on (that/those) crime[s].
[Sexual abuse also includes, but is not limited to, the following:
[Any penetration, however slight, of the vagina or anal opening
of one person by the penis of another person, whether or not
semen is emitted(;/.)]
[Any sexual contact between the genitals or anal opening of one
person and the mouth or tongue of another person(;/.)]
[Any intrusion by one person into the genitals or anal opening of
another person, including the use of any object for this purpose[,
unless it is done for a valid medical purpose](;/.)]
[The intentional touching of the genitals or intimate parts
(including the breasts, genital area, groin, inner thighs, and
buttocks), or the clothing covering them, of a child, or of the
perpetrator by a child, for purposes of sexual arousal or
gratification(;/.) [However, sexual abuse does not include
touching that may be reasonably construed as normal caretaker
responsibilities, interactions with, or demonstrations of affection
for the child, or acts performed for a valid medical purpose(;/.)]]
[The intentional masturbation of the perpetrator’s genitals in the
child’s presence(;/.)]
[Conduct by (someone who knows that he or she is aiding,
assisting, employing, using, persuading, inducing, or coercing/a
person responsible for a child’s welfare who knows that he or
she is permitting or encouraging) a child to engage in[, or assist
others to engage in,] (prostitution[,]/ [or] a live performance
involving obscene sexual conduct[,]/ [or] posing or modeling,
alone or with others, for purposes of preparing a film,
photograph, negative, slide, drawing, painting, or other pictorial
depiction involving obscene sexual conduct)(;/.) [A person
responsible for a child’s welfare is a (parent[,]/ [or] guardian[,]/
[or] foster parent[,]/ [or] licensed administrator or employee of a
public or private residential home, residential school, or other
residential institution)(;/.)]]
[Commercial sexual exploitation including (the sexual trafficking
of a child/ [or] providing food, shelter, or payment to a child in
exchange for the performance of <insert description
of sex act[s] specified in Penal Code sections 11165.1 or 236.1>).]
[(Depicting a child in/[,] [or] (K/k)nowingly (developing/[,]
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duplicating/[,] printing/[,] downloading/[,] streaming/[,] accessing
through electronic or digital media/[,] [or] exchanging,) any
(film/[,] photograph/[,] videotape/[,] video recording/[,] negative/
[,] [or] slide) knowing that it shows a child engaged in an act of
obscene sexual conduct. [However, sexual abuse does not include
(conduct by a person engaged in legitimate medical, scientific, or
educational activities[;]/ [or] lawful conduct between spouses[;]/
conduct by a person engaged in law enforcement activities[;]/
[or] conduct by an employee engaged in work for a commercial
film developer while acting within the scope of his or her
employment and as instructed by his or her employer, provided
that the employee has no financial interest in the commercial
developer who employs him or her).]]]
New January 2006; Revised August 2015, August 2016
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of
the crime.
If more than one act is alleged as a basis for the charge, the court has a sua sponte
duty to give a unanimity instruction. (People v. Madden (1981) 116 Cal.App.3d
212, 215–216 [171 Cal.Rptr. 897].) Give CALCRIM No. 3500, Unanimity. A
unanimity instruction is not required if the acts “constitute a continuing course of
conduct.” (Ibid.) See the discussion in the Bench Notes for CALCRIM No. 3500.
(See also People v. Schoonderwood (1945) 72 Cal.App.2d 125, 127 [164 P.2d 69]
[continuous course of conduct exception applied to charge of contributing to
delinquency of a minor]; People v. Dutra (1946) 75 Cal.App.2d 311, 321–322 [171
P.2d 41] [exception did not apply].)
If the case involves allegations of child molestation and the evidence has been
presented in the form of “generic testimony” about recurring events without
specific dates and times, the court should determine whether it is more appropriate
to give CALCRIM No. 3501, Unanimity: When Generic Testimony of Offense
Presented. (People v. Jones (1990) 51 Cal.3d 294, 321–322 [270 Cal.Rptr. 611, 792
P.2d 643].) See discussion in the Related Issues section of CALCRIM No. 3500,
Unanimity.
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 remaining bracketed paragraphs should be given on request if relevant.
AUTHORITY
• Elements and Definitions. Pen. Code, § 272.
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• Willfully Defined. Pen. Code, § 7(1); People v. Lara (1996) 44 Cal.App.4th
102, 107 [51 Cal.Rptr.2d 402].
• Sexual Abuse Defined. Pen. Code, § 11165.1.
• Delinquent/Ward of Court Defined. Welf. & Inst. Code, §§ 601–602.
• Dependent Child Defined. Welf. & Inst. Code, § 300.
• Minor Defined. Pen. Code, § 270e; Fam. Code, § 6500.
Secondary Sources
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Sex Offenses and
Crimes Against Decency § 154.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 142,
Crimes Against the Person, § 142.20[8], Ch. 144, Crimes Against Order,
§ 144.10[1] (Matthew Bender).
RELATED ISSUES
Lesser Offense of Rape or Lewd Acts
There is disagreement regarding whether a violation of Penal Code section 272 is a
necessarily lesser included offense of rape or lewd and lascivious acts. The
Supreme Court concluded that it was in People v. Greer (1947) 30 Cal.2d 589,
597–598 [184 P.2d 512], overruled on other grounds in People v. Fields (1996) 13
Cal.4th 289, 308, fn. 6 [52 Cal.Rptr.2d 282, 914 P.2d 832]. However, in People v.
Bobb (1989) 207 Cal.App.3d 88, 92 [254 Cal.Rptr. 707], disapproved on other
grounds by People v. Barton (1995) 12 Cal.4th 186, 198, fn. 7 [47 Cal.Rptr.2d 569,
906 P.2d 531], the Court of Appeal expressly declined to follow Greer, concluding
that “the calculus has been altered” by an intervening amendment to Welfare and
Institutions Code section 601 and further faulting Greer for failing to analyze the
elements of the lesser included offenses.
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