1. The death was the natural and probable consequence of the act;
2. The act was a direct and substantial factor in causing the death;
3. The death would not have happened without the act.
Anatural and probable consequence is one that a reasonable person
would know is likely to happen if nothing unusual intervenes. In
deciding whether a consequence is natural and probable, consider all of
the circumstances established by the evidence.
Asubstantial factor is more than a trivial or remote factor. However, it
does not need to be the only factor that caused the death.
[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 February 2014
The court has a sua sponte duty to give an instruction deﬁning the elements of the
If there is sufficient evidence, the court has a sua sponte duty to instruct on the
defense of disciplining a child. (People v. Whitehurst (1992) 9 Cal.App.4th 1045,
1049 [12 Cal.Rptr.2d 33].) Give bracketed element 8 and CALCRIM No. 3405,
Parental Right to Punish a Child.
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
CALCRIM No. 875, Assault With Deadly Weapon or Force Likely to Produce
Great Bodily Injury.
• Elements. Pen. Code, § 273ab(a); see People v. Malfavon (2002) 102
Cal.App.4th 727, 735 [125 Cal.Rptr.2d 618] [sometimes called “child abuse
• Great Bodily Injury Deﬁned. Pen. Code, § 12022.7(f); People v. Albritton
(1998) 67 Cal.App.4th 647, 658 [79 Cal.Rptr.2d 169].
• Willful Deﬁned. Pen. Code, § 7, subd. 1; see People v. Lara (1996) 44
Cal.App.4th 102, 107 [51 Cal.Rptr.2d 402].
• Force Likely to Produce Great Bodily Injury. People v. Preller (1997) 54
CALCRIM No. 820 ASSAULTIVE AND BATTERY CRIMES