CALCRIM (Jury Instructions) Section 3184. Insert the correct Penal Code section into the blank provided in element 2 and give the corresponding instruction or i
CALCRIM (Jury Instructions) § 3184
Insert the correct Penal Code section into the blank provided in element 2 and give
the corresponding instruction or instructions.
This instruction is based on the language of the statute effective November 7, 2012,
and applies only to crimes committed on or after that date.
Related Instructions
CALCRIM No. 3184, Sex Offenses: Sentencing Factors—Using Force or Fear to
Cause Minor to Engage in Commercial Sex Act.
AUTHORITY
•
Elements and Definitions. Pen. Code, § 236.1.
•
“Menace” Defined [in context of false imprisonment]. People v. Matian (1995)
35 Cal.App.4th 480, 484–486 [41 Cal.Rptr.2d 459].
•
Calculating Age. Fam. Code, § 6500; In re Harris (1993) 5 Cal.4th 813,
849–850 [21 Cal.Rptr.2d 373, 855 P.2d 391].
•
Attempt to Cause, Induce, or Persuade Does Not Require Minor Victim. People
v. Moses (2020) 10 Cal.5th 893, 912–913 [272 Cal.Rptr.3d 862, 477 P.3d 579].
•
Specific Intent for Attempt. People v. Moses, supra, 10 Cal.5th at pp. 912–913
[adult posing as minor]; People v. Middleton (2023) 91 Cal.App.5th 749,
767–768 [308 Cal.Rptr.3d 705] [actual minor].
SECONDARY SOURCES
1 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against the
Person, § 278.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 142, Crimes
Against the Person, § 142.14A (Matthew Bender).
1245–1249.
Reserved for Future Use
CALCRIM No. 1244
KIDNAPPING
1004
that the allegation has not been proved.
New February 2014
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give an instruction defining this enhancement.
This instruction is based on the language of the statute effective November 7, 2012,
and applies only to crimes committed on or after that date.
AUTHORITY
•
Elements and Definitions. Pen. Code, § 236.1(c)(2).
•
Menace Defined [in context of false imprisonment]. People v. Matian (1995) 35
Cal.App.4th 480, 484–486 [41 Cal.Rptr.2d 459].
SECONDARY SOURCES
1 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against the
Person, § 278.
CALCRIM No. 3184
ENHANCEMENTS AND SENTENCING FACTORS
916
This section of the CALCRIM (Jury Instructions) establishes legal requirements and provisions that apply to specific circumstances in California law.
This section applies when the specific conditions outlined in the statute are met. The exact applicability depends on the facts of each situation.
Penalties vary based on the specific violation and circumstances. They may include fines, imprisonment, or other legal consequences as specified in the California code.
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In simple terms: CALCRIM (Jury Instructions) Section 3184. Insert the correct Penal Code section into the blank provided in element 2 and give the corresponding instruction or i. This means people must follow this rule, and breaking it can lead to criminal penalties.