2982. Persuading, Luring, or Transporting a Minor 12 Years Old or Younger
The defendant is charged [in Count ______] with persuading, luring, or transporting a minor 12 years old or younger.
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 12 years old or younger 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 12 years old or younger 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];
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.>
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 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.]
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.
Elements and Definitions. Pen. Code, § 272(b)(1).
Internet Defined. Bus. & Prof. Code, § 17538(f)(6).
Victimization as Predatory Sexual Conduct. Welf. & Inst. Code, § 6600(e).
Minor Defined. (Pen. Code, § 270e; Fam. Code, § 6500).
2 Witkin & Epstein, Cal. Criminal Law (3d ed. 2000) Sex Crimes and Crimes Against Decency, § 153.
(New January 2006)