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
[Contact or communication includes the use of a telephone or the
[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
The court has a sua sponte duty to give this instruction deﬁning the elements of
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
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.”
• Elements and Deﬁnitions. Pen. Code, § 272(b)(1).
•Internet Deﬁned. Bus. & Prof. Code, § 17538(f)(6).
CALCRIM No. 2982 VANDALISM, LOITERING, AND TRESPASS