CALCRIM No. 823

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

violation of Penal Code section 273a(b)].

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

prove that:

<Alternative 1A—inflicted pain>

[1. The defendant willfully inflicted unjustifiable physical pain or

mental suffering on a child;]

<Alternative 1B—caused or permitted to suffer pain>

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

unjustifiable physical pain or mental suffering;]

<Alternative 1C—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 1D—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;]

<Give element 2 when giving alternative 1B, 1C, or 1D.>

[AND]

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

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

endangered)(;/.)]

<Give element 2/3 when instructing on parental right to discipline.>

[AND

(2/3). 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.

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.]

New January 2006; Revised August 2006, August 2009, October 2010, February