CALCRIM No. 2980. Contributing to Delinquency of Minor (Pen. Code, § 272)

Judicial Council of California Criminal Jury Instructions (2023 edition)

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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;

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;

771

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]

[(1/2/3).] [The inability of his or her parent [or guardian] to provide

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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;

2. Faces a substantial risk of being sexually abused by (his or her

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(parent/ [or] guardian)/ [or] a member of his or her household);

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;

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 unwilling

or unable to provide care or support for the child, the parent’s

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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.]

[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 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.

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.

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).

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Page last reviewed May 2023