the word thus all 5 items must be found for the defense to apply. The People ‘AND,’ have the burden of proving guilt of the crime charged beyond a reasonable doubt.” Shortly thereafter, the trial court received a second note from the jury. The note read: this case if we don’t believe the taking of the child is malicious but the “In withholding is does the withholding of the child [constitute] grounds enough to determine guilt?” The trial court responded as follows: can only be found if the People prove “Guilt each element of the crime beyond a reasonable doubt. Element number one of the charged crime is presented with the use of the word as defendant took, kept, ‘or’ ‘the withheld, or concealed a child’—accordingly, element number one can be proved if any of the acts (took, kept, withheld, or concealed a child) is shown beyond a reasonable doubt.” Shortly thereafter, the trial court received a third note from the jury. The trial court responded. The jury’s note and the trial court’s responses read as follows: Is the 5 element statutory defense the only defense available in this “Question: case? The 5 element defense indicated by CALCRIM [No.] 1252 is a “Response: statutory defense to the crime alleged in CALCRIM [No.] 1251. The People have the burden of proving beyond a reasonable doubt each element of the crime charged in this case. If the People have not met this burden, you must find the defendant not guilty. Is there a definition of wrongful in the code? “Question: As I instructed you in CALCRIM [No.] 200, and phrases not “Response: specifically defined in these instructions are to be applied using their ordinary, everyday meanings. Shouldn’t we have a copy of [section] 278.5[, subdivision] (a)? “Question:
the word ‘AND,’ thus all 5 items must be found for the defense to apply. The People have the burden of proving guilt of the crime charged beyond a reasonable doubt.” Shortly thereafter, the trial court received a second note from the jury. The note read: “In this case if we don’t believe the taking of the child is malicious but the withholding is does the withholding of the child [constitute] grounds enough to determine guilt?” The trial court responded as follows: “Guilt can only be found if the People prove each element of the crime beyond a reasonable doubt. Element number one of the charged crime is presented with the use of the word ‘or’ as ‘the defendant took, kept, withheld, or concealed a child’—accordingly, element number one can be proved if any of the acts (took, kept, withheld, or concealed a child) is shown beyond a reasonable doubt.” Shortly thereafter, the trial court received a third note from the jury. The trial court responded. The jury’s note and the trial court’s responses read as follows: “Question: Is the 5 element statutory defense the only defense available in this case? “Response: The 5 element defense indicated by CALCRIM [No.] 1252 is a statutory defense to the crime alleged in CALCRIM [No.] 1251. The People have the burden of proving beyond a reasonable doubt each element of the crime charged in this case. If the People have not met this burden, you must find the defendant not guilty. “Question: Is there a definition of wrongful in the code? “Response: As I instructed you in CALCRIM [No.] 200, and phrases not specifically defined in these instructions are to be applied using their ordinary, everyday meanings. “Question: Shouldn’t we have a copy of [section] 278.5[, subdivision] (a)?
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