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F 9.70.5 n1 Child Abduction: Prosecution Must Prove Lack Of Good Cause As Element Of The Offense (PC 277).
ALERT: This note applies only to charges under PC 277 for acts prior to January 1, 1997. As of January 1, 1977 the offense is now defined in PC 278, et. al., and PC 277 now contains definitions only. (See CJ 9.70.)
The absence of good cause is an element of the offense proscribed in former PC 277 and CJ 9.70.5 correctly defines this element. (People v. Dewberry (92) 8 CA4th 1017, 1020-21 [10 CR2d 800].) Accordingly, it is error to instruct that good cause is an affirmative defense which the defendant must prove by a preponderance of the evidence. (Id. at 1021.)
F 9.70.5 n2 Statutory Changes: ALERT.
(See FORECITE F 9.70 n1.)
F 9.70.5 n3 Child Abduction: Defense of Necessity.
See People v. Mehaisin (2002) 101 CA4th 958 [124 CR2d 683].