California Criminal Jury Instructions (CALCRIM) (2017)
822. Inflicting Physical Punishment on ChildDownload PDF
822.Inﬂicting Physical Punishment on Child (Pen. Code,
The defendant is charged [in Count ] with inﬂicting on a child
cruel or inhuman physical punishment or injury that caused a
traumatic condition [in violation of Penal Code section 273d(a)].
To prove that the defendant is guilty of this crime, the People must
1. The defendant willfully inﬂicted (cruel or inhuman physical
punishment/ [and/or] an injury) on a child;
2. The (punishment/ [and/or] injury) inﬂicted by the defendant
caused a traumatic physical condition to the child(;/.)
<Give element 3 when instructing on parental right to discipline>
3. When the defendant acted, (he/she) was not reasonably
disciplining a child.]
Someone commits an act willfully when he or she does it willingly or on
Achild is any person under the age of 18 years.
[Under the law, a person becomes one year older as soon as the ﬁrst
minute of his or her birthday has begun.]
Atraumatic physical condition is a wound or other bodily injury,
whether minor or serious, caused by the direct application of physical
A (punishment/ [and/or] injury) caused a traumatic physical condition
1. The traumatic condition was the natural and probable
consequence of the (punishment/ [and/or] injury);
2. The (punishment/ [and/or] injury) was a direct and substantial
factor in causing the condition;
3. The condition would not have happened without the
(punishment/ [and/or] injury).
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 traumatic condition.
New January 2006
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 3 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
• Elements. Pen. Code, § 273d(a).
•Willful Deﬁned. Pen. Code, § 7, subd. 1; see People v. Lara (1996) 44
Cal.App.4th 102, 107 [51 Cal.Rptr.2d 402].
• Child Deﬁned. People v. Thomas (1976) 65 Cal.App.3d 854, 857–858 [135
Cal.Rptr. 644] [victim’s size and age relevant to reasonableness of corporal
punishment]; see Fam. Code, § 6500.
• Duty to Deﬁne Traumatic Condition. People v. Burns (1948) 88 Cal.App.2d
867, 873–874 [200 P.2d 134].
• General Intent Crime. People v. Atkins (1975) 53 Cal.App.3d 348, 358 [125
• Traumatic Condition Deﬁned. People v. Thomas (1976) 65 Cal.App.3d 854,
857 [135 Cal.Rptr. 644]; People v. Stewart (1961) 188 Cal.App.2d 88, 91 [10
Cal.Rptr. 217]; see People v. Gutierrez (1985) 171 Cal.App.3d 944, 951–953
[217 Cal.Rptr. 616] [in context of Pen. Code, § 273.5].
2 Witkin & Epstein, California Criminal Law (3d ed. 2000) Sex Offenses and
Crimes Against Decency, §§ 164, 165.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 142,
Crimes Against the Person, §§ 142.13, 142.23 (Matthew Bender).
Couzens & Bigelow, Sex Crimes: California Law and Procedure § 12:17 (The
CALCRIM No. 822 ASSAULTIVE AND BATTERY CRIMES
LESSER INCLUDED OFFENSES
• Attempted Inﬂiction of Corporal Punishment. Pen. Code, §§ 664, 273d.
• Simple Assault. Pen. Code, § 240.
• Simple Battery. Pen. Code, § 242; see People v. Sargent (1999) 19 Cal.4th
1206, 1220 [81 Cal.Rptr.2d 835, 970 P.2d 409]; People v. Stewart (1961) 188
Cal.App.2d 88, 89 [10 Cal.Rptr. 217].
Willfully causing or permitting a child to suffer, or willfully inﬂicting on a child,
unjustiﬁable physical pain or mental suffering under circumstances other than those
likely to produce great bodily harm or death (Pen. Code, § 273a(b)) is not a lesser
included offense of Penal Code section 273d. (See People v. Loﬁnk (1988) 206
Cal.App.3d 161, 166 [253 Cal.Rptr. 384].)
It is not unlawful for a parent to spank a child for disciplinary purposes with an
object other than the hand. The punishment, however, must be necessary and not
excessive in relation to the individual circumstances. (80 Ops.Cal.Atty.Gen. 203
ASSAULTIVE AND BATTERY CRIMES CALCRIM No. 822