CALCRIM No. 2982

of Age (Pen. Code, § 272(b)(1))

The defendant is charged [in Count] with persuading, luring, or

transporting a minor who is under 14 years of age [in violation of Penal

Code section 272(b)(1)].

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

prove that:

1. The defendant contacted or communicated with

<insert name of minor>;

2. When the defendant did so, (he/she) was an adult stranger to the

minor;

3. <insert name of minor> was under 14 years of age at

the time;

4. The defendant knew that (he/she) was contacting or

communicating with <insert name of minor>;

5. The defendant knew or reasonably should have known that

<insert name of minor> was under 14 years of age at

the time;

6. The defendant contacted or communicated with

<insert name of minor> with the intent to persuade, lure, or

transport[, or attempt to persuade, lure, or transport,] (him/her),

for any purpose, away from ( ’s <insert name of

minor> home/ [or] any location known by ’s <insert

name of minor> parent[, legal guardian, or custodian] as a place

where the child is located);

7. The defendant did not have the express consent of ’s

<insert name of minor> parent [or legal guardian];

[AND]

8. When the defendant acted, (he/she) intended to avoid the consent

of ’s <insert name of minor> parent [or legal

guardian](;/.)

<Give element 9 when instructing on an emergency situation.>

[AND

9. The defendant was not acting in an emergency situation.]

An adult stranger is a person at least 21 years old who has no substantial

relationship with the child or is merely a casual acquaintance, or who

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