CALCRIM No. 442

The defendant is charged [in Count] with soliciting a minor to

commit a crime [in violation of Penal Code section 653j].

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

prove that:

1. The defendant voluntarily (asked/ [or] encouraged / [or] induced/

[or] intimidated) a minor to commit the crime of

<insert target offense>;

2. (He/She) intended that the minor commit the crime of

<insert target offense>;

[AND]

3. At the time of the offense, the defendant was at least 18 years

old(;/.)

[AND]

<Alternative 4—defendant five years older>

[4. At the time of the offense, the minor was 16 or 17 years old, and

the defendant was at least 5 years older than the minor(;/.)]

<Give element 5 when instructing that person solicited must receive

message; see Bench Notes.>

[AND

5. The minor received the communication containing the request.]

To decide whether the defendant intended that the minor commit

<insert target offense>, please refer to the separate

instructions that I (will give/have given) you on that crime.

A minor is a person under the age of 18.

[If you find the defendant guilty of solicitation, you must decide how

many crimes (he/she) solicited. When deciding this question, consider the

following factors:

1. Were the crimes solicited part of a plan with a single objective or

motive or did each crime solicited have a different objective or

motive?

2. Were the crimes solicited to be committed at the same time?

3. Were the crimes solicited to be committed in the same place?

4. Were the crimes solicited to be committed in the same way?

5. Was the payment, if any, for the crimes solicited one amount or

were different amounts solicited for each crime?

Consider all of these factors when deciding whether the defendant’s

alleged acts were a single crime or <insert number of

solicitations alleged by the People> separate crimes of solicitation.]

New January 2006