CALCRIM No. 831

The defendant is charged [in Count] with (elder/dependent adult)

abuse [in violation of Penal Code section 368(c)].

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 <insert name or description of

elder or dependent adult>;]

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

[1. The defendant allowed someone, whose conduct the defendant

had a duty to supervise and control, to inflict unjustifiable

physical pain or mental suffering on <insert name or

description of elder or dependent adult>;]

<Alternative 1C—while having custody, caused or permitted to be

injured>

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

<insert name or description of elder or dependent adult>, willfully

caused or permitted that person or (his/her) 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

<insert name or description of elder or dependent adult>, willfully

caused or permitted that person to be placed in a situation where

(his/her) person or health was endangered;]

2. <insert name or description of elder or dependent

adult> (is/was) (an elder/a dependent adult);

[AND]

3. When the defendant acted, (he/she) knew or reasonably should

have known that <insert name or description of elder

or dependent adult> was (an elder/a dependent adult)(;/.)

<Give element 4 when giving alternative 1B and it is alleged the

defendant permitted the suffering.>

[AND]

[4. The defendant had a legal duty to supervise and control the

conduct of the person[s] who caused or inflicted unjustifiable

physical pain or mental suffering on <insert name or

description of elder or dependent adult>, but failed to supervise or

control that conduct(;/.)]

<Give element 5 when giving alternative 1B, 1C, or 1D.>

[AND

(4/5). The defendant was criminally negligent when (he/she) caused or

permitted <insert name or description of elder or

dependent adult> to (suffer[,]/ [or] be injured[,]/ [or] be

endangered).]

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

purpose.

[An elder is someone who is at least 65 years old.]

[A dependent adult is someone who is between 18 and 64 years old and

has physical or mental limitations that restrict his or her ability to carry

out normal activities or to protect his or her rights. [This definition

includes an adult who has physical or developmental disabilities or

whose physical or mental abilities have decreased because of age.] [A

dependent adult is also someone between 18 and 64 years old who is an

inpatient in a (health facility/psychiatric health facility/ [or] chemical

dependency recovery hospital).]

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

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

[A person who does not have care or custody of (an elder/a dependent

adult) may still have a legal duty to supervise and control the conduct of a

third person who can inflict abuse on the (elder/dependent adult) if the

person has a special relationship with the third person. A special

relationship is created, for example, when (1) a person takes charge of a

third person whom (he/she) knows or should know is likely to cause

bodily harm to others if not controlled, and (2) the person has the ability

to control the third person’s conduct.]

[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 creates a high risk of death

or great bodily harm;

AND

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

would create such a risk.

In other words, a person acts with criminal negligence when the way he

ASSAULTIVE AND BATTERY CRIMES CALCRIM No. 831

or she acts is so different from the way an ordinarily careful person

would act in the same situation that his or her act amounts to disregard

for human life or indifference to the consequences of that act.]

[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