Section 2982 | CALCRIM (Jury Instructions)

has established or promoted a relationship with 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
meaning.
[Contact or communication includes the use of a telephone or the
Internet.]
[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
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of the
crime.
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
391].)
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.”
AUTHORITY
•
Elements and Definitions. Pen. Code, § 272(b)(1).
•
Internet Defined. Bus. & Prof. Code, § 17538(f)(6).
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•
Victimization as Predatory Sexual Conduct. Welf. & Inst. Code, § 6600(e).
•
Minor Defined. Pen. Code, § 270e; Fam. Code, § 6500.
SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Sex Crimes and Crimes
Against Decency, § 154.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 144, Crimes
Against Order, § 144.10[3] (Matthew Bender).
2983–2989.
Reserved for Future Use
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