CALCRIM No. 1251

Visitation (Pen. Code, §§ 277, 278.5)

The defendant is charged [in Count] with depriving someone else

of the right to (custody/ [or] visitation) [in violation of Penal Code

section 278.5].

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

prove that:

1. The defendant (took[,]/ [or] enticed away[,]/ [or] kept[,]/ [or]

withheld[,]/ [or] concealed) a child;

2. The child was under the age of 18;

AND

3. When the defendant acted, (he/she) maliciously (deprived a lawful

custodian of (his/her/its) right to custody/ [or] deprived a person

of a lawful right to visitation).

Someone acts maliciously when he or she intentionally does a wrongful

act or when he or she acts with the unlawful intent to disturb, defraud,

annoy, or injure someone else.

A lawful custodian is a person, guardian, or public agency that has a

right to custody of the child. The right to custody means the right to

physical care, custody, and control of the child according to the law or

because of a court order. [A public agency has the right to custody if it

has been given protective custody or jurisdiction of the care, custody,

control, or conduct of the child by statute or court order.]

[To entice away means to lure away by creating hope or desire.]

[The defendant can be guilty of child abduction whether or not the child

resisted or objected, and even if the child consented to go with the

defendant.]

[Visitation means the time ordered by a court granting someone access to

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