CALCRIM No. 821

(Pen. Code, § 273a(a))

The defendant is charged [in Count] with child abuse likely to

produce (great bodily harm/ [or] death) [in violation of Penal Code

section 273a(a)].

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

prove that:

<Alternative A—inflicted pain>

[1. The defendant willfully inflicted unjustifiable physical pain or

mental suffering on a child;]

<Alternative B—caused or permitted to suffer pain>

[1. The defendant willfully caused or permitted a child to suffer

unjustifiable physical pain or mental suffering;]

<Alternative C—while having custody, caused or permitted to suffer

injury>

[1. The defendant, while having care or custody of a child, willfully

caused or permitted the child’s person or health to be injured;]

<Alternative D—while having custody, caused or permitted to be placed

in danger>

[1. The defendant, while having care or custody of a child, willfully

caused or permitted the child to be placed in a situation where

the child’s person or health was endangered;]

[AND]

2. The defendant (inflicted pain or suffering on the child/ [or]

caused or permitted the child to (suffer/ [or] be injured/ [or] be

endangered)) under circumstances or conditions likely to produce

(great bodily harm/ [or] death)(;/.)

<Give element 3 when giving alternatives 1B, 1C or 1D>

[AND]

[3. The defendant was criminally negligent when (he/she) caused or

permitted the child to (suffer/ [or] be injured/ [or] be

endangered)(;/.)]

<Give element 4 when instructing on parental right to discipline>

[AND

4. The defendant did not act while reasonably disciplining a child.]

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

purpose.

The phrase likely to produce (great bodily harm/ [or] death) means the

probability of (great bodily harm/ [or] death) is high.

Great bodily harm means significant or substantial physical injury. It is

an injury that is greater than minor or moderate harm.

A child is any person under the age of 18 years.

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

minute of his or her birthday has begun.]

[Unjustifiable physical pain or mental suffering is pain or suffering that

is not reasonably necessary or is excessive under the circumstances.]

[Criminal negligence involves more than ordinary carelessness,

inattention, or mistake in judgment. A person acts with criminal

negligence when:

1. He or she acts in a reckless way that is a gross departure from

the way an ordinarily careful person would act in the same

situation;

2. The person’s acts amount to disregard for human life or

indifference to the consequences of his or her acts;

AND

3. A reasonable person would have known that acting in that way

would naturally and probably result in harm to others.]

[A child does not need to actually suffer great bodily harm. But if a child

does suffer great bodily harm, you may consider that fact, along with all

the other evidence, in deciding whether the defendant committed the

offense.]

New January 2006; Revised August 2006, April 2010, October 2010, February 2013