CALCRIM No. 822

§ 273d(a))

The defendant is charged [in Count] with inflicting on a child

cruel or inhuman physical punishment or injury that caused a traumatic

condition [in violation of Penal Code section 273d(a)].

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

prove that:

1. The defendant willfully inflicted (cruel or inhuman physical

punishment/ [and/or] an injury) on a child;

[AND]

2. The (punishment/ [and/or] injury) inflicted by the defendant

caused a traumatic physical condition to the child(;/.)

<Give element 3 when instructing on parental right to discipline>

[AND

3. When the defendant acted, (he/she) was not reasonably

disciplining a child.]

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

purpose.

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.]

A traumatic physical condition is a wound or other bodily injury, whether

minor or serious, caused by the direct application of physical force.

A (punishment/ [and/or] injury) caused a traumatic physical condition if:

1. The traumatic condition was the natural and probable

consequence of the (punishment/ [and/or] injury);

2. The (punishment/ [and/or] injury) was a direct and substantial

factor in causing the condition;

AND

3. The condition would not have happened without the (punishment/

[and/or] injury).

A natural and probable consequence is one that a reasonable person

would know is likely to happen if nothing unusual intervenes. In

deciding whether a consequence is natural and probable, consider all of

the circumstances established by the evidence.

A substantial factor is more than a trivial or remote factor. However, it

does not need to be the only factor that caused the traumatic condition.

New January 2006