Section 1250 | CALCRIM (Jury Instructions)

[A parent abandons a child by actually deserting the child with the intent
to cut off the relationship with the child and end all parental obligations.
Intent to abandon can be shown in many ways, including, but not
limited to:
1. Leaving the child without providing a way for the child to be
identified;
2. Leaving the child with the other parent for at least one year
without communicating with or supporting the child;
OR
3. Leaving the child with someone other than a parent for at least
six months without communicating with or supporting the child.]
[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 March 2024*
* Denotes changes only to bench notes and other commentaries.
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give an instruction defining the elements of the
crime.
If requested, give the final bracketed sentence at the end of the paragraph defining
“lawful custodian” if a public agency was the lawful custodian at the time of the
alleged abduction. (See Pen. Code, § 277(e).)
If requested, give the bracketed sentences defining “intending to detain” (see People
v. Moore (1945) 67 Cal.App.2d 789, 791 [155 P.2d 403]) or “entice away” (see
People v. Torres (1920) 48 Cal.App. 606, 609 [192 P. 175]) depending on the
evidence in the case.
If requested, give the bracketed paragraph about the child’s consent or lack of
resistance if there is evidence the child did not resist or consented to go with the
defendant. (People v. Moore, supra, 67 Cal.App.2d at p. 792 [child’s consent
irrelevant]; People v. Grever (1989) 211 Cal.App.3d Supp. 1, 7 [259 Cal.Rptr. 469].)
Give on request the bracketed paragraph that begins with “A parent loses his or her
right to custody . . .” if there is evidence the defendant lost his or her right to
custody by being unable or refusing to take custody, or by abandoning his or her
family. (See Pen. Code, § 277(f).)
If there is evidence of abandonment, give the bracketed paragraphs defining when a
parent “abandons” a child. The trial court must define abandonment sua sponte
when it is closely connected to the evidence presented on the right to custody.
(People v. Ryan (1999) 76 Cal.App.4th 1304, 1319 [76 Cal.Rptr.2d 160].) If an
CALCRIM No. 1250
KIDNAPPING
1006

Cal.App.3d at p. 623 [construing former section 278 that required intent to detain
“and” conceal].)
Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
Penal Code section 278 does not require the prosecution to prove that a foreign
court order or custody order had previously been registered in California pursuant to
the UCCJEA. (People v. Coulthard (2023) 90 Cal.App.5th 743, 758 [307
Cal.Rptr.3d 383].)
SECONDARY SOURCES
1 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against the
Person, §§ 318–327.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 142, Crimes
Against the Person, § 142.14[2][b], [c], [3] (Matthew Bender).
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