CALCRIM No. 1243

The defendant is charged [in Count] with human trafficking [in

violation of Penal Code section 236.1].

To prove that the defendant is guilty of this crime, the People must

prove that:

1. The defendant either deprived another person of personal liberty

or violated that other person’s personal liberty;

AND

<Give Alternative 2A if the defendant is charged with a violation of

subsection (a).>

[2A. When the defendant acted, (he/she) intended to obtain forced

labor or services(./;)]

[OR]

<Give Alternative 2B if the defendant is charged with a violation of

subsection (b).>

[2B. When the defendant acted, (he/she) intended to (commit/ [or]

maintain) a [felony] violation of <insert appropriate code

section[s]>).]

Depriving or violating another person’s personal liberty, as used here,

includes substantial and sustained restriction of another person’s liberty

accomplished through (force[,]/ [or] fear[,]/ [or] fraud[,]/ [or] deceit[,]/

[or] coercion[,]/ [or] violence[,]/ [or] duress[,]/ [or] menace[,]/ [or] threat

of unlawful injury to the victim or to another person under

circumstances in which the person receiving or perceiving the threat

reasonably believes that it is likely that the person making the threat

would carry it out).

[Forced labor or services, as used here, means labor or services that are

performed or provided by a person and are obtained or maintained

through force, fraud, duress, or coercion, or equivalent conduct that

would reasonably overbear the will of the person.]

[Duress means a direct or implied threat of force, violence, danger,

hardship, or retribution that is enough to cause a reasonable person to

do [or submit to] something that he or she would not otherwise do [or

submit to].]

[Duress includes (a direct or implied threat to destroy, conceal, remove,

confiscate, or possess any actual or purported passport or immigration

document of the other person/ [or] knowingly destroying, concealing,

removing, confiscating, or possessing any actual or purported passport or

immigration document of the other person).]

[Violence means using physical force that is greater than the force

reasonably necessary to restrain someone.]

[Menace means a verbal or physical threat of harm[, including use of a

deadly weapon]. The threat of harm may be express or implied.]

[Coercion includes any scheme, plan, or pattern intended to cause a

person to believe that failing to perform an act would result in (serious

harm to or physical restraint against someone else/ [or] the abuse or

threatened abuse of the legal process/ [or] debt bondage/ [or] providing

or facilitating the possession of any controlled substance to impair the

other person’s judgment).]

[When you decide whether the defendant (used duress/ [or] used

coercion/ [or] deprived another person of personal liberty or violated that

other person’s personal liberty), consider all of the circumstances,

including the age of the other person, (his/her) relationship to the

defendant [or defendant’s agent[s]], and the other person’s handicap or

disability, if any.]

New August 2009; Revised August 2013, February 2014, October 2021, September