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F 16.152 n1 Failure To Provide: Prima Facie Evidence Of Willfulness.
People v. Moore (98) 65 CA4th 933 [76 CR2d 872] held that the presumption of willfulness created by PC 270, violates the federal constitution and, hence, the presumption must be phrased in the form of a permissive inference.
Additionally, if evidence has been presented tending to establish that the failure to provide was not willful or was not without lawful excuse, no instruction should be given. (Ibid.)