CALCRIM No. 2981

The defendant is charged [in Count] with failing to provide for

(his/her) (child/children) [in violation of Penal Code section 270].

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

prove that:

1. The defendant was the parent of <insert name[s] of

child or children>;

2. <insert name[s] of child or children> (was/were) [a]

minor[s];

3. The defendant failed to provide necessities for

<insert name[s] of child or children>;

AND

4. The failure to provide was willful and without lawful excuse.

A minor is a person under 18 years old.

Someone commits an act willfully when he or she does it willingly or on

purpose.

Necessities are necessary clothing, food, shelter, [and] medical care[, or

other remedial care] for a minor child.

[Other remedial care includes spiritual treatment through prayer alone in

accordance with the tenets and practices of a recognized church or

religious denomination and by one of its duly accredited practitioners.]

[A parent must do all that is reasonable in order to provide necessities

for minor children. A parent has a lawful excuse for failing to do so if,

through no fault of his or her own, he or she is unable to earn enough

money and does not have other income or assets to pay for those

necessities. [It is not a lawful excuse if the parent is unable to provide

necessities because he or she has unreasonably chosen to spend money

on other things or has failed to diligently seek work.]]

[When you decide whether the defendant was able to provide necessities

for <insert name[s] of child or children>, consider all of (his/

her) income, including social insurance benefits and gifts.]

[A parent must provide necessities for a minor child even if he or she

never married or is divorced from the child’s other parent. This duty

also exists regardless of any court order for alimony or child support in

a divorce action.]

[It is not a lawful excuse that the other parent has legal custody of the

minor child or that the other parent, another person, or an organization

voluntarily or involuntarily has provided necessities for the minor child

or undertaken to do so.]

[If the People prove beyond a reasonable doubt that the defendant knew

of ’s <insert name[s] of child or children> existence and

either:

1. Abandoned or deserted <insert name[s] of child or

children>,

OR

2. Failed to provide <insert name[s] of child or

children> with necessities,

then you may but are not required to conclude that the defendant’s

failure to provide was willful and without lawful excuse.]

[The husband of a woman who bears a child as a result of artificial

insemination is the father of that child if he consented in writing to the

artificial insemination.]

[If the People prove beyond a reasonable doubt that:

1. <insert name[s] of child or children> (was/were) born

while the defendant’s wife was cohabiting with him,

AND

2. The defendant is neither impotent nor sterile,

then you may but are not required to conclude that the defendant is

’s <insert name[s] of child or children> father.]

[The People have the burden of proving beyond a reasonable doubt that

the defendant is the parent of <insert name[s] of child or

children>. If the People have not met this burden, you must find the

defendant not guilty of this crime.]

[Under the law, a person becomes one year older as soon as the first

minute of his or her birthday has begun.]

[An unborn child is considered a minor for whom a parent must provide

necessities.]

New January 2006