Is an instruction that misstated the elements of a criminal offence waived?

As an initial matter, the People contend defendant's appellate claim is forfeited because it was not raised below. We reject this argument. Because defendant challenges the instruction on the ground that it misstated the intent element of the offense, he was not required to raise the issue at trial, and we review his claim on the merits. (See People v. Hudson (2006) 38 Cal.4th 1002, 1011-1012; see also People v. Mason (2013) 218 Cal.App.4th 818, 823 ["Instructional error as to the elements of an offense is not waived by trial counsel's failure to object."].)