Does a defendant effectively concede or admit that an element of the crime has been excluded from the jury's consideration?

"One situation in which instructional error removing an element of the crime from the jury's consideration has been deemed harmless is where the defendant concedes or admits that element. [Citations.]" (People v. Flood (1998) 18 Cal.4th 470, 504.) Among the "circumstances indicat[ing] that [the] defendant effectively conceded this issue" (ibid.) are that the "[d]efendant never referred to this element of the crime during the trial and did not argue to the jury that the prosecution had failed to prove this element beyond a reasonable doubt . . . . Furthermore, [the] defendant presented no evidence regarding the . . . element, and failed to dispute the prosecution's evidence regarding the issue." (Id. at p. 505.)