Section 1151 | CALCRIM (Jury Instructions)

leave California for the purpose of prostitution)(;/.)]
AND
2. The defendant intended to influence
<insert name>
to be a prostitute(;/.)
<Give element 3 when defendant charged with pandering a minor.>
[AND

<insert name> was (16 years old or older/under the
age of 16) at the time the defendant acted.]
[It does not matter whether
<insert name> was (a prostitute
already/ [or] an undercover police officer).]
A prostitute is a person who engages in sexual intercourse or any lewd
act with another person in exchange for money [or other compensation].
[Pandering requires that an intended act of prostitution be with someone
other than the defendant.] A lewd act means physical contact of the
genitals, buttocks, or female breast of either the prostitute or customer
with some part of the other person’s body for the purpose of sexual
arousal or gratification.
[Duress means a direct or implied threat of force, violence, danger,
hardship, or retribution that would cause a reasonable person to do [or
submit to] something that he or she would not do [or submit to]
otherwise. When deciding whether the act was accomplished by duress,
consider all the circumstances, including the person’s age and (her/his)
relationship to the defendant.]
[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 April 2011, February 2012, August 2012, February
2015, April 2020, March 2021
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of the
crime.
In element 1, give the appropriate alternative A–F depending on the evidence in the
case. (See People v. Montgomery (1941) 47 Cal.App.2d 1, 12, 24, 27–28 [117 P.2d
437] [statutory alternatives are not mutually exclusive], disapproved on other
grounds in People v. Dillon (1983) 34 Cal.3d 441, 454 fn. 2 [194 Cal.Rptr. 390, 668
P.2d 697] and Murgia v. Municipal Court (1975) 15 Cal.3d 286, 301 fn. 11 [124
Cal.Rtpr. 204, 540 P.2d 44].)
SEX OFFENSES
CALCRIM No. 1151
917

The committee included “persuade” and “arrange” as options in element one
because the statutory language, “procure,” may be difficult for jurors to understand.
Give bracketed element 3 if it is alleged that the person procured, or otherwise
caused to act, by the defendant was a minor “over” or “under” the age of 16 years.
(Pen. Code, § 266i(b).)
Give the bracketed paragraph defining duress on request if there is sufficient
evidence that duress was used to procure a person for prostitution. (Pen. Code,
§ 266i(a)(5); see People v. Leal (2004) 33 Cal.4th 999, 1004–1010 [16 Cal.Rptr.3d
869, 94 P.3d 1071] [definition of “duress”].)
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].)
There is a split of authority on whether pandering requires that services be procured
for a person other than the defendant. (People v. Dixon (2011) 191 Cal.A