California Criminal Jury Instructions (CALCRIM) (2017)

2982. Persuading, Luring, or Transporting a Minor 12 Years Old or Younger

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2982.Persuading, Luring, or Transporting a Minor Under 14
Years of Age (Pen. Code, § 272(b)(1))
The defendant is charged [in Count ] with persuading, luring, or
transporting a minor who is under 14 years of age [in violation of Penal
Code section 272(b)(1)].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant contacted or communicated with
<insert name of minor>;
2. When the defendant did so, (he/she) was an adult stranger to the
minor;
3. <insert name of minor> was under 14 years of age
at the time;
4. The defendant knew that (he/she) was contacting or
communicating with <insert name of minor>;
5. The defendant knew or reasonably should have known that
<insert name of minor> was under 14 years of age
at the time;
6. The defendant contacted or communicated with
<insert name of minor> with the intent to persuade, lure, or
transport[, or attempt to persuade, lure, or transport,] (him/her),
for any purpose, away from ( ’s <insert name of
minor> home/ [or] any location known by ’s <insert
name of minor> parent[, legal guardian, or custodian] as a place
where the child is located);
7. The defendant did not have the express consent of ’s
<insert name of minor> parent [or legal guardian];
[AND]
8. When the defendant acted, (he/she) intended to avoid the consent
of ’s <insert name of minor> parent [or legal
guardian](;/.)
<Give element 9 when instructing on an emergency situation.>
[AND
9. The defendant was not acting in an emergency situation.]
An adult stranger is a person at least 21 years old who has no
substantial relationship with the child or is merely a casual
acquaintance, or who has established or promoted a relationship with
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the child for the primary purpose of victimization.
Express consent means oral or written permission that is positive, direct,
and unequivocal, requiring no inference or implication to supply its
meaning.
[Contact or communication includes the use of a telephone or the
Internet.]
[Internet means the global information system that is logically linked
together by a globally unique address space based on the Internet
Protocol (IP), or its subsequent extensions, and that is able to support
communications using the Transmission Control Protocol/Internet
Protocol (TCP/IP) suite, or its subsequent extensions, or other IP-
compatible protocols, and that provides, uses, or makes accessible,
either publicly or privately, high-level services layered on the
communications and related infrastructure described in this definition.]
[An emergency situation is a situation where a child is threatened with
imminent bodily, emotional, or psychological harm.]
[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 August 2006
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of
the crime.
If there is sufficient evidence, the court has a sua sponte duty to instruct on the
defense of an “emergency situation.” (Pen. Code, § 272(b)(2).) Give element 9 and
the definition of “emergency situation.”
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 as appropriate.
Note that the Penal Code section 272 was amended by Stats. 2005, ch. 461 (AB33)
to change the victim’s age to “under 14 years of age.” Prosecutions based on
conduct that occurred before January 1, 2006 should use the former age
requirement of “twelve years old or younger.”
AUTHORITY
• Elements and Definitions. Pen. Code, § 272(b)(1).
Internet Defined. Bus. & Prof. Code, § 17538(f)(6).
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• Victimization as Predatory Sexual Conduct. Welf. & Inst. Code, § 6600(e).
• Minor Defined. Pen. Code, § 270e; Fam. Code, § 6500.
Secondary Sources
2 Witkin & Epstein, California Criminal Law (3d ed. 2000) Sex Crimes and Crimes
Against Decency, § 153.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 144,
Crimes Against Order, § 144.10[3] (Matthew Bender).
2983–2989. Reserved for Future Use
VANDALISM, LOITERING, AND TRESPASS CALCRIM No. 2982
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