|
San Diego University Substance Abuse Center:
The primary mission of the Center on Substance Abuse (CSA) Driving Under the Influence Program (DUIP) is to help reduce the incidence and prevalence of driving under the influence and the negative consequences of this behavior for our community and its residents, and to assist participants in identifying and seeking solutions to their own alcohol and other drug problems.
In order to accomplish this mission, we are committed to providing, under the guidelines established by the State of California and the County of San Diego, the highest quality of educational and counseling services to those who have been convicted of violating the DUI laws.
The San Diego State University CSA DUI Program operates under California license, (#3700501120). The Official licensee is the SDSU Foundation a California non-profit organization under Chapter 501(3)c of the IRS Code. However, the program is administered by the University College of Health & Human Services, School of Social Work through the CSA. Since its designated area of services by the courts is the San Diego court district, it is referred to as the "Central District DUIP". Specific operations are in accordance with the California Health and Safety Code (H&S C) statute, Chapter 9, Section 11836 through Section 11838.5. This statute is implemented via regulations adopted by the California Department of Alcohol and Drug Programs (ADP), specified in the California Code of Regulations (CCR) Title 9, Section 9795 through Section 9886.
San Diego DUI Lawyers
-
Leff, Craig: State of California
Offenses _________________________ California Jury
Instructions--Criminal-CALJIC Front Matter Part 1. General Instructions
A. Introductory Instructions B. Instruction Terminology C. Definitions
D. Miscellaneous Instructions Part 2. Evidence and Guides for Its
Consideration A. General Rules B. Evaluation of Evidence C. Admissions
and Confessions D. Expert Testimony E. Presumption of Innocence and
Burden of Proof Part 3. Culpability for Crime A. Principals CALJIC
3.00. --Defined CALJIC 3.01. Aiding and Abetting-Defined CALJIC 3.02.
Principals-Liability for Natural and Probable Consequences CALJIC 3.03.
Termination of Liability of Aider and Abettor CALJIC 3.04. Compelling
Another to Commit Crime B. Accomplices CALJIC 3.10. --Defined CALJIC
3.11. Testimony of Accomplice or Codefendant Must Be Corroborated
CALJIC 3.12. Sufficiency of Evidence to Corroborate an Accomplice
CALJIC 3.13. One Accomplice May Not Corroborate Another CALJIC 3.14.
Criminal Intent Necessary to Make One an Accomplice CALJIC 3.15.
Concerning Feigned or Pretended Accomplice CALJIC 3.16. Witness
Accomplice as Matter of Law CALJIC 3.17. --Person Under 14 Years of Age
CALJIC 3.18. Testimony of Accomplice or Codefendant to be Viewed With
Care and Caution CALJIC 3.19. Burden to Prove Corroborating Witness Is
an Accomplice CALJIC 3.20. Cautionary Instruction-In-Custody Informant
C. Corporations CALJIC 3.25. Corporation Is a Person CALJIC 3.26.
Corporation Officers and Agents D. Criminal Intent E. Criminal
Negligence F. Causation Part 4. Exemptions and Defenses A. Insanity B.
Intoxication C. Unconsciousness D. Mistake E. Duress; Necessity F.
Accident and Misfortune G. Alibi H. Entrapment I. Limitation of Action
J. Parent's Right to Discipline Child Part 5. General Principles of
Justification A. Excusable Homicide B. Justifiable Homicide C.
Non-Homicidal Defense of Self or Other D. Permissible Force in Defense
of Property E. General Principles Concerning Self-Defense Part 6.
Anticipatory and Accessorial Crimes A. Attempts CALJIC 6.00. --Defined
CALJIC 6.01. Abandonment of Attempt-When Not a Defense CALJIC 6.02.
--When a Defense B. Conspiracy CALJIC 6.10. Conspiracy and Overt
Act-Defined CALJIC 6.10.5. ----Not Pleaded as a Crime Charged CALJIC
6.11. --Joint Responsibility CALJIC 6.12. --Proof of Express Agreement
Not Necessary CALJIC 6.13. Association Alone Does Not Prove Membership
in Conspiracy CALJIC 6.14. Acquaintance With All Co-Conspirators Not
Necessary CALJIC 6.16. When Conspirators Not Liable for Act or
Declaration of Co-Conspirator CALJIC 6.17. Conspirators Not Bound by
Act or Declaration of Non-Conspirator CALJIC 6.18. Commission of Act in
Furtherance of a Conspiracy Does Not Itself Prove Membership in
Conspiracy CALJIC 6.19. Joining Conspiracy After Its Formation CALJIC
6.20. Withdrawal From Conspiracy CALJIC 6.21. Liability for Acts
Committed After Termination of Conspiracy CALJIC 6.22. --Case Must Be
Considered as to Each Defendant CALJIC 6.23. Conspiracies and
Substantive Crimes Charged and Overt Acts Alleged CALJIC 6.24.
Determination of Admissibility of Co-Conspirator's Statements CALJIC
6.25. Direction for Finding of Objects of Conspiracy CALJIC 6.26. Jury
Finding-Objects of Conspiracy C. Solicitation CALJIC 6.35. Solicitation
CALJIC 6.36. Solicitation of a Minor D. Accessories CALJIC 6.40.
Accessories E. Gang Crime CALJIC 6.50. Gang Crime Part 7. Crimes
Against the Administration of Government A. Bribery CALJIC 7.00.
Bribery of an Executive Officer CALJIC 7.00.5. "Corruptly"-Defined
CALJIC 7.01. Bribery of a Ministerial Officer CALJIC 7.02. Asking or
Receiving Bribe by Public Official (2007 Fall Revision) CALJIC 7.02.1.
Bribing of/Offering Bribe to Legislative Officer CALJIC 7.03. Bribery
of/Offering Bribe to/A Witness CALJIC 7.03.1. Use of Force or Threat of
Force in Attempt to Induce False Testimony CALJIC 7.03.2. Use of Fraud
to Induce False Testimony CALJIC 7.03.3. Witness/About to Be Called as
Witness-Defined CALJIC 7.04. Intent of Briber CALJIC 7.05. --Defined
CALJIC 7.06. What Constitutes Giving a Bribe CALJIC 7.07. What
Constitutes Offering a Bribe CALJIC 7.08. What Constitutes Asking or
Agreeing to Receive a Bribe CALJIC 7.09. What Constitutes Agreeing to
Receive a Bribe CALJIC 7.10. Scope of Official Capacity Necessary to
Constitute Bribery CALJIC 7.11. Failure to Perform Purpose of Bribe Not
a Defense CALJIC 7.12. Offering Bribe to Witness CALJIC 7.13. Receipt
of Bribe by Witness CALJIC 7.14. Intimidation of Witness CALJIC 7.15.
Intimidation of Witness by Force or Fear-Furtherance of Conspiracy
CALJIC 7.16. Malice/Victim-Defined CALJIC 7.17. Threatening Witnesses,
Victims, Informants CALJIC 7.18. Peace Officer-Planting or
Manufacturing Evidence B. Perjury CALJIC 7.20. Perjury Under
"Oath"-Defined CALJIC 7.21. Perjury Under "Penalty of Perjury"-Defined
CALJIC 7.21.1. Perjury by Affidavit CALJIC 7.22. --Statements Made in
Absence of Knowledge CALJIC 7.23. --Proof Necessary CALJIC 7.24.
--Willfulness and Knowledge Required CALJIC 7.25. All Charges of
Perjury Need Not Be Proved C. Crimes by Prisoners CALJIC 7.30. Escape
Without Force or Violence-Defined CALJIC 7.30.1. Parolee as
Prisoner-Lawful Custody Defined CALJIC 7.31. Escape by Force or
Violence-Defined CALJIC 7.32. Escape Following Remand or Arrest by
Force or Violence CALJIC 7.33. Incitement to Riot in Prison/Jail CALJIC
7.34.01. Bringing or Sending Firearms, Deadly Weapons or Explosives
into Prison/Jail/etc. CALJIC 7.34.02. Jail Prisoner in Possession of
Firearm, Deadly Weapon or Explosive CALJIC 7.34.03. Unauthorized
Possession of Controlled Substance by Inmate CALJIC 7.34.04.
Unauthorized Possession of Drugs or Alcoholic Beverages in Prison
CALJIC 7.34.05. Person Not in Custody Selling Controlled Substance to
Person in Custody CALJIC 7.35. Assault by Life Prisoner With a Deadly
Weapon or by Means of Force Likely to Produce Great Bodily Injury With
Malice Aforethought CALJIC 7.36. Assault by Prisoner With a Deadly
Weapon or By Means of Force Likely to Produce Great Bodily Injury
CALJIC 7.36.1. Confined in Prison-Defined CALJIC 7.37. Battery by State
Prisoner on Non-Confined Person CALJIC 7.37.1. Aggravated Battery by
Prisoner CALJIC 7.38. Possession or Manufacture of Weapon in Penal
Institution CALJIC 7.39. Holding of a Hostage D. Other Crimes Against
the Executive Power CALJIC 7.40. Threatening Certain Official CALJIC
7.50. Obstructing/Resisting Executive Officers E. Tax Crimes CALJIC
7.61. Willfully Making or Signing False Tax Return CALJIC 7.62.
Willfully Aiding or Assisting in the Preparation or Presentation of a
False Tax Return CALJIC 7.64. Concealing Property With Intent to Evade
Taxes CALJIC 7.66. Willful Failure to File Tax Return or Supply
Information CALJIC 7.67. Willfully Making or Signing a False Tax Return
CALJIC 7.68. Willful Failure to Account for and Pay Over Withheld Taxes
CALJIC 7.71. Signature as Prima Facie Evidence of Subscription CALJIC
7.72. Certificate by Franchise Tax Board as Prima Facie Evidence CALJIC
7.73. Consideration of Failure to File Tax Returns in Prior Years
CALJIC 7.76. Unreported Income-Exact Amount Need Not Be Shown CALJIC
7.78. No Deduction Allowed for Illegal Activities CALJIC 7.79.
Unreported or Underreported Income Need Not Have Been Generated by
Illegal Means CALJIC 7.80. Corporation-Persons Responsible CALJIC 7.82.
"Electronic Technology"-Defined CALJIC 7.90. Income Tax Evasion-"Net
Worth" Method CALJIC 7.91. "Bank Deposits" Method Of Determining
Income-Explained CALJIC 7.92. "Cash Expenditures" Method Of Determining
Income-Explained CALJIC 7.93. "Net Worth" Method of Determining
Income-Explained CALJIC 7.94. "Specific Items" Method of Determining
Income CALJIC 7.96. Defense of Reliance on Advice Part 8. Crimes
against Life A. Homicide CALJIC 8.00. --Defined CALJIC 8.01.
Presumption of Lawful Killing B. Murder (a). Definitions CALJIC 8.10.
Murder-Defined CALJIC 8.11. "Malice Aforethought"-Defined CALJIC 8.12.
Murder-Killer Other Than Perpetrator of Underlying Crime (b). First
Degree Murder (c). Second Degree Murder C. Manslaughter (a). Definition
(b). Voluntary Manslaughter (c). Involuntary Manslaughter D. Murder and
Manslaughter Distinguished E. Causation F. Transferred Intent G.
Attempt to Commit Murder CALJIC 8.66. Attempted Murder CALJIC 8.66.1.
--Concurrent Intent CALJIC 8.67. --Willful, Deliberate, and
Premeditated CALJIC 8.68. --Peace Officer Victim CALJIC 8.69.
Conspiracy to Commit Murder H. Duty of Jury I. First Degree
Murder-Special Circumstances-Death Penalty Trial (a). Special
Circumstances (b). Death Penalty Trial J. Vehicular Manslaughter CALJIC
8.90. Vehicular Manslaughter [With Gross Negligence] Not Involving
Drugs or Alcohol CALJIC 8.91. --Ordinary Negligence-Defined CALJIC
8.92. --Effect of Imminent Peril CALJIC 8.93. [Gross] Vehicular
Manslaughter While Intoxicated CALJIC 8.93.5. --Death Resulting From
Accident or Collision Staged for Financial Gain CALJIC 8.94. Jury to
Consider Overall Circumstances-Driving and Intoxication CALJIC 8.95.
Vehicular Manslaughter-Basic Speed Law CALJIC 8.96. --Prima Facie Speed
Limits CALJIC 8.97. --Maximum Speed Law Part 9. Crimes against Security
of Person A. Assault and Battery (a). In General CALJIC 9.00.
Assault-Defined CALJIC 9.00.1. --Conditional Threat CALJIC 9.01.
--Present Ability to Commit Injury Necessary CALJIC 9.02. Assault With
a Deadly Weapon or by Means of Force Likely to Produce Great Bodily
Injury or With Firearm CALJIC 9.02.1. Assault With a Machinegun/Assault
Weapon/[Semiautomatic Firearm] .50 BMG Rifle CALJIC 9.03. Shooting at
Inhabited Dwelling CALJIC 9.03.1. Shooting at Unoccupied Aircraft
CALJIC 9.03.2. Discharging Firearm at Unoccupied Motor Vehicle or
Uninhabited Structure CALJIC 9.03.3. Grossly Negligent Discharge of
Firearm CALJIC 9.04. Permitting Shooting From Vehicle CALJIC 9.05.
Shooting From Vehicle at a Person CALJIC 9.06. Shooting From Vehicle
CALJIC 9.07. Drawing or Exhibiting Firearm in Presence of Motor Vehicle
Occupant CALJIC 9.08. Assault With Hands or Fists CALJIC 9.08.5.
Assault With Caustic Chemicals CALJIC 9.09. Assault With Intent to
Commit Certain Felonies CALJIC 9.10. Assault with Intent to Commit
Certain Felonies During First Degree Burglary CALJIC 9.11. Insulting
Words-Not Justification for Assault CALJIC 9.12. Battery With Serious
Bodily Injury CALJIC 9.15. Aggravated Trespass CALJIC 9.16.1. Stalking
CALJIC 9.16.11. Stalking CALJIC 9.16.20. Stalking Following Court Order
CALJIC 9.16.22. Stalking Following Court Order (b). On Peace Officer,
Firefighter, etc. CALJIC 9.20. Assault With a Deadly Weapon Upon a
Peace Officer, Firefighter, et al. CALJIC 9.20.1. Assault With
Semiautomatic Firearm, Machinegun, or Assault Weapon, Upon a Peace
Officer, et al. CALJIC 9.21. Drawing or Exhibiting Firearm in Presence
of Peace Officer CALJIC 9.21.1. Drawing or Exhibiting Firearm/Deadly
Weapon With Intent to Resist Peace Officer CALJIC 9.22. Battery on
Peace Officer, Firefighter, Custodial Officer, et al. CALJIC 9.23.
Discharge or Performance Of Duties-Defined CALJIC 9.24. Lawful Arrest
by Peace Officer-Defined CALJIC 9.24.1. --Driving Under the Influence
CALJIC 9.25. Method of Arrest CALJIC 9.26. Arrest or Detention-Use of
Reasonable Force-Duty to Submit CALJIC 9.27. Lawful Detention-Defined
CALJIC 9.28. Use of Excessive Force by Officer CALJIC 9.29. Performance
of Duties of Office-Burden of Proof B. Mayhem CALJIC 9.30.
--Defined-Necessary Elements CALJIC 9.31. Meaning of "Puts Out an Eye"
CALJIC 9.32. Aggravated Mayhem C. Spouse or Cohabitant or Child Beating
CALJIC 9.35. Spouse or Cohabitant Beating CALJIC 9.35.01. Spouse or
Cohabitant Beating CALJIC 9.35.1. Cautionary Instruction-Intimate
Partner Battering CALJIC 9.36. Child Beating CALJIC 9.36.5. Assault on
Child Under 8 Resulting in Death CALJIC 9.37. Child
Abuse/Neglect/Endangerment Felony CALJIC 9.38. Elder/Dependent
Adults/Neglect/Endangerment Felony CALJIC 9.39. Responsibility of
Non-custodial Defendant for Third Party's Elder Abuse D. Robbery CALJIC
9.40. Robbery CALJIC 9.40.1. --Aiding and Abetting-When Intent to Abet
Must Be Formed CALJIC 9.40.2. --After Acquired Intent CALJIC 9.40.3.
Store Employee as Victim of Robbery CALJIC 9.41. --Fear-Defined CALJIC
9.42. Robbery of the First Degree-Defined CALJIC 9.42.1. Robbery First
Degree-Acting in Concert CALJIC 9.43. Second Degree Robbery as a Matter
of Law CALJIC 9.44. --Theft by Larceny-Defense of Claim of Right CALJIC
9.46. Carjacking E. Kidnapping CALJIC 9.50. --No Other Underlying Crime
CALJIC 9.50.1. Aggravated Kidnapping-Whether Movement is Substantial
and Increases the Risk of Harm to the Victim CALJIC 9.51. Kidnapping
for Child Molesting CALJIC 9.52. --Victim Under Fourteen CALJIC 9.52.1.
Kidnapping to Commit Certain Sex Crimes CALJIC 9.53. Kidnapping for
Ransom, Reward or Extortion CALJIC 9.54. Kidnapping to Commit Robbery
and/or Certain Sex Crimes CALJIC 9.54.1. Kidnapping During Commission
of Carjacking CALJIC 9.55. Achievement of Purpose Not Essential to
Kidnapping CALJIC 9.56. No Kidnapping When Free Consent CALJIC 9.57.
Kidnapping of Infant or Child-Amount of Force Required CALJIC 9.58.
--Belief as to Consent F. False Imprisonment CALJIC 9.60. False
Imprisonment [of Elder/Dependent Adult] By Force and Violence CALJIC
9.61. --Shield/Protection From Arrest CALJIC 9.62. Human Trafficking G.
Child Abductions CALJIC 9.70. Child Abduction CALJIC 9.71. --Violation
of Custody or Visitation Right CALJIC 9.71.5. Defense-Good Faith
Reasonable Belief of Harm CALJIC 9.72. Child Abduction-Definitions
CALJIC 9.73. --Consent of Child H. Felony Resisting Arrest CALJIC 9.80.
--Removal of Weapon/Firearm CALJIC 9.81. --Attempted Removal of Firearm
CALJIC 9.82. --Resulting in Death or Serious Bodily Injury I. Torture
CALJIC 9.90. Torture J. Terrorizing and Terrorist Threats CALJIC 9.91.
Use of Destructive Device/Explosive or Arson in Certain Places CALJIC
9.94. Criminal Threats K. Crimes Involving Trains CALJIC 9.95. Train
Wrecking CALJIC 9.96. Obstructing Railroad Track CALJIC 9.97. Train
Derailing Or Wrecking: Punishment CALJIC 9.98. Throwing Missiles At
Common Carrier Vehicles CALJIC 9.99. Throwing Hard Substance At Train
Part 10. Sex Crimes A. Sex Crimes upon Adults (a). Rape (b). Unlawful
Oral Copulation (c). Unlawful Sodomy (d). Forcible Acts of Sexual
Penetration (e). Sexual Battery (f). Indecent Exposure B. Sex Crimes
upon Minors (a). Unlawful Sexual Intercourse (b). Lewd Acts With Child
Under Fourteen Years (c). Unlawful Oral Copulation (d). Unlawful Sodomy
(e). Forcible Acts of Sexual Penetration (f). Aggravated Sexual Assault
CALJIC 10.55. Aggravated Sexual Assault of a Child (g). Other Sexually
Motivated Crimes Against Children CALJIC 10.57. Annoying or Molesting
Children CALJIC 10.58. Harmful Matter Sent With Intent of Seduction of
Minor CALJIC 10.59. Contacting Minor With Intent to Commit Certain
Felonies CALJIC 10.59.1. Arranging Meeting With Minor for Lewd Purpose
With Prior Conviction CALJIC 10.59.2. Attending Meeting With Minor for
Lewd Purpose CALJIC 10.59.5. Unlawful Sexual Intercourse/Sodomy with
Child 10 Years or Younger CALJIC 10.59.6. Unlawful Oral
Copulation/Sexual Penetration with Child 10 Years or Younger C. Sex
Crimes-General Requirements and Defenses (a). General Requirements
CALJIC 10.60. Sexual Crimes-Corroboration Not Necessary CALJIC 10.61.
Unlawful Sexual Crime-Evidence of Other Sexual Activity With Same
Victim CALJIC 10.61.1. Rape (Unlawful Sexual Intercourse)-Evidence of
Prior Sexual Intercourse CALJIC 10.64. Cautionary Instruction-Child
Abuse/Rape Trauma Syndrome (b). Defenses CALJIC 10.65. Belief as to
Consent-Forcible Rape- Unlawful Oral Copulation, Sodomy or Penetration
by Foreign Object CALJIC 10.67. Belief as to Age-Unlawful Sexual
Intercourse, Oral Copulation, Sodomy, Penetration by a Foreign Object
D. Pimping, Pandering, Procurement CALJIC 10.70. --Defined CALJIC
10.70.1. --Minor Victim-Defined CALJIC 10.71. Pandering-Defined CALJIC
10.71.1. --Minor Victim-Defined CALJIC 10.72. Child Procurement E.
Child Pornography CALJIC 10.80. Obscene Matter-Depicting Person under
Eighteen CALJIC 10.81. --Distributing to Person 18 or Older/Under 18
Years CALJIC 10.82. Using Minor in Creating Pornography F. Sex Crimes
upon Dependent Adults CALJIC 10.90. Lewd Act by Caretaker Upon
Dependent Adult Part 11. [Reserved] Part 12. Crimes against Public
Health, Safety and Welfare A. California Uniform Controlled Substances
(a). Controlled Substances (Sched. I-V) CALJIC 12.00. Controlled
Substance (Sched. I-V)-Illegal Possession CALJIC 12.01. --Illegal
Possession or Purchase for Sale CALJIC 12.02. --Illegal Sale, etc.
CALJIC 12.03. --Illegal Offer to Sell, etc. CALJIC 12.04. --Illegal
Sale, etc. of Substance in Lieu Thereof CALJIC 12.05. Narcotics-Forgery
of Prescription CALJIC 12.06. Possession-Not Unlawful-Burden of Proof
CALJIC 12.07. Administer-Defined CALJIC 12.08. Opening or Maintaining
Place for Controlled Substance Sale or Use CALJIC 12.09.1.
Manufacturing or Offering to Manufacture a Controlled Substance CALJIC
12.09.2. Possession With Intent to Manufacture CALJIC 12.09.3.
Possession with Intent to Manufacture PCP CALJIC 12.09.4. Possession
With Intent to Manufacture Methamphetamine CALJIC 12.09.5. Possession
With Intent to Manufacture Methamphetamine CALJIC 12.09.6. Possession
of Methylamine etc. with Intent to Sell for Purpose of Manufacturing
Methamphetamine CALJIC 12.09.7. Possession of Ephedrine, Etc., with
Intent to Sell for Purpose of Manufacture of Methamphetamine CALJIC
12.09.8. Possession of Hydriotic Acid, etc., with Intent to Sell for
Purpose of Manufacturing Methamphetamine CALJIC 12.10. Controlled
Substance (Sched. I and II)-Illegal Sale, etc., to Minor (b).
Controlled Substances (Sched. I and II)-Involvement of Minor CALJIC
12.11. Controlled Substance (Sched. I and II)-Illegal Offer to Sell,
etc., to Minor CALJIC 12.12. --Employment of Minor to Peddle CALJIC
12.13. --Inducing Minor to Violate Controlled Substances Law (c).
Controlled Substances (Sched. III, IV and V)-Involvement of Minor
CALJIC 12.15. Controlled Substance (Sched. III, IV and V)-Illegal
Furnishing or Offering to Furnish to Minor CALJIC 12.16. --Inducing
Minor to Violate Controlled Substances Law CALJIC 12.17. --Using Minor
as Agent to Violate Controlled Substances Law (d). Marijuana CALJIC
12.20. --Concentrated Cannabis-Illegal Possession CALJIC 12.21.
--Illegal Possession for Sale CALJIC 12.22. --Illegal Sale, etc. CALJIC
12.22.5. --Illegally Gives Away or Transports More Than 28.5 Grams
CALJIC 12.23. --Illegal Offer to Sell, etc. CALJIC 12.24. --Illegal
Planting, etc. CALJIC 12.24.1. Defense of Compassionate Use (e).
Marijuana-Involvement of Minor CALJIC 12.25. --Illegal Sale, etc., to
Minor CALJIC 12.26. --Illegal Offer to Sell, etc., to Minor CALJIC
12.27. --Employment of Minor to Peddle CALJIC 12.28. --Inducing Minor
to Use CALJIC 12.29. --Illegal Furnishing to Minor Fourteen Years or
Older (f). Proof CALJIC 12.30.1. Controlled Substance (Sched.
I-V)-Burden of Proof as to Prescription CALJIC 12.30.2. --Burden of
Proof as to Prescription CALJIC 12.31. "Marijuana"-Defined CALJIC
12.32. Controlled Substance and Marijuana-Proof of Usable Quantity
Possessed CALJIC 12.33. --Proof of Strength Unnecessary (g). Unlawful
Possession of Money/Negotiable Instruments CALJIC 12.35. Unlawful
Possession of Moneys/Negotiable Instruments in Excess of $100,000
CALJIC 12.36. Attorney-Unlawful Possession of Money/Negotiable
Instruments in Excess of $100,000 CALJIC 12.37. --Factors to Consider
(h). Miscellaneous Offenses CALJIC 12.38. False Compartments B. Deadly
Weapons and Concealable Firearms CALJIC 12.40. Illegal Possession of
Certain Weapons or Explosives CALJIC 12.41. Carrying a Concealed Dagger
or Explosive Substance-Weapon Defined CALJIC 12.42. Deadly
Weapon-Defined CALJIC 12.43. Firearm-Possession by Person Convicted of
a Felony-No Stipulation of Status CALJIC 12.44. ----Status Stipulated
CALJIC 12.45. --Possession by Narcotic Addict CALJIC 12.46. Concealable
Firearm-Concealed Within Vehicle Controlled by Felon CALJIC 12.46.1.
--Concealed Within Vehicle Controlled by Defendant CALJIC 12.46.2.
Concealed Weapons-Defendant Admits Priors, etc. CALJIC 12.47.
Concealable Firearm-Possession By Person Convicted of Crime Against
Person, Property or Drug Violation CALJIC 12.47.1. --Carried on the
Person CALJIC 12.47.2. Concealed Weapons-Unregistered Loaded Firearm
CALJIC 12.47.5. Concealable Firearm-Concealed Within Vehicle Occupied
by Ex-Felon CALJIC 12.47.6. --Concealed Within Vehicle Occupied by
Prohibited Person CALJIC 12.48. Firearm [Capable of Being
Concealed]-Defined CALJIC 12.48.5. Prior Conviction-Limited Use CALJIC
12.49. Illegal Possession of Ammunition CALJIC 12.49.5. --Defense of
Justification CALJIC 12.50. Use of Firearm by Convicted
Felon-Self-Defense CALJIC 12.51. --Place of Felony Conviction CALJIC
12.52. Unlawful Possession of Controlled Substance While Armed With a
Firearm CALJIC 12.53. Armed Criminal Action CALJIC 12.54. Carrying
Loaded Firearm CALJIC 12.54.1. --Gang Member C. Destructive Devices and
Explosives CALJIC 12.55. Possession of Destructive Device CALJIC
12.55.1. Placing or Carrying Explosive/Dangerous Device-Common Carrier
CALJIC 12.55.2. Possession of Destructive Device/ Explosive at or Near
Certain Places CALJIC 12.55.3. Possession, etc. of Destructive Device/
Explosive With Intent to Injure CALJIC 12.55.4. Sale/Transportation of
Destructive Device CALJIC 12.55.5. Explosion or Attempt to Explode or
Ignite Destructive Device With Intent to Murder CALJIC 12.55.6.
Unlawful Explosion/Ignition of Explosive/Destructive Device Causing
Bodily Injury CALJIC 12.55.7. Explosion/Ignition of Explosive/
Destructive Device Causing Death, Mayhem or Great Bodily Injury CALJIC
12.55.8. Possession of Materials With Intent to Make
Explosive/Destructive Device CALJIC 12.56. --Defined D. Vehicle Driving
While Under the Influence or Drugged CALJIC 12.60. Felony Driving Under
the Influence CALJIC 12.60.1. Felony Driving With 0.08 Percent CALJIC
12.61. Driving Under the Influence-Inference of Intoxication CALJIC
12.61.1. Driving With 0.08 Percent or More-Inference CALJIC 12.63.
"Alcoholic Beverage"-Defined CALJIC 12.65. Driving Under the Influence,
etc.-Felony Prosecutions CALJIC 12.66. Driving With 0.08 Percent Blood
Alcohol-Felony Prosecutions CALJIC 12.67. Felony Driving Under the
Influence-Priors CALJIC 12.68. Felony Driving With 0.08 Percent E.
Failure to Stop After Vehicle Accident CALJIC 12.70. Felony Hit and Run
CALJIC 12.72. Failure to Stop-Driver Disabled or Rendered Unconscious
CALJIC 12.73. --Driver's Duty Not Affected by Blame for Accident CALJIC
12.74. --"Immediately Stop"-Meaning of CALJIC 12.75. --Duties Same
Whoever Injured CALJIC 12.76. --Duty of Non-Driving Owner CALJIC 12.77.
--When Driver Disobeys Owner CALJIC 12.78. --When Non-Driving Owner
Unaware of Accident CALJIC 12.79. --Duty of Non-Owner Rider in Control
CALJIC 12.80. --When Driver Disobeys Person in Authority CALJIC 12.82.
Reckless Driving Causing Certain Injuries CALJIC 12.83. Speed Contest
Causing Certain Injuries F. Flight From Pursuing Peace Officer CALJIC
12.85. --Reckless Driving CALJIC 12.86. Flight From Pursuing Peace
Officer Causing Death/Serious Bodily Injury CALJIC 12.87. Definition of
Distinctively Marked G. Bookmaking CALJIC 12.90. Pool-Selling and
Bookmaking-Defined CALJIC 12.91. --Procedure Described CALJIC 12.92.
Keeping or Occupying Place for Recording Bets CALJIC 12.93.
Bookmaking-Receiving Bets CALJIC 12.94. --Recording Bets CALJIC 12.95.
--Permitting Use of Place CALJIC 12.96. Betting CALJIC 12.96.1. Prior
Convictions Of Bookmaking H. Mischievous Animals/Dangerous Dogs CALJIC
12.97. Mischievous Animal CALJIC 12.98. Attack Dogs CALJIC 12.98.1.
Defense of Trespassing, etc. I. Money Laundering CALJIC 12.99. Money
Laundering Part 13. [Reserved] Part 14. Crimes against Property A.
Theft (a). Forms of Theft CALJIC 14.00. --Forms of (b). Larceny (c).
Trick and Device (d). Embezzlement (e). False Pretense (f). Degrees of
Theft (g). Unlawful Taking of Automobile (h). Petty Theft With Prior
(i). Restitution and Verdict B. Burglary CALJIC 14.50. --Defined CALJIC
14.51. First and Second Degree Burglary-Defined CALJIC 14.52.
--Inhabited Dwelling-Defined CALJIC 14.53. --Trailer Coach-Defined
CALJIC 14.54. --When Intent to Abet Must Be Formed CALJIC 14.56. Second
Degree Burglary as a Matter of Law CALJIC 14.58. Burglary of Motor
Vehicle-Defined CALJIC 14.59. --Agreement as to Theft or Felony
Intended Not Necessary C. Receiving Stolen Property CALJIC 14.65.
--Defined CALJIC 14.66. Receiving Stolen Property With Innocent Intent
CALJIC 14.68. Chop Shop-Ownership/Operation D. Extortion CALJIC 14.70.
--Defined CALJIC 14.71. --What Threats Constitute Inducing Fear CALJIC
14.72. --Meaning of Term "Unlawful Injury" CALJIC 14.73. --Causal
Relation Between Fear and Consent CALJIC 14.74. --What Constitutes
Consent CALJIC 14.75. --Threats to Expose Secret CALJIC 14.76.
--Obtaining Signature CALJIC 14.77. --Sending Threatening Letter CALJIC
14.78. --Authorship of Threatening Letter Not Material CALJIC 14.79.
--When Offense of Sending Threatening Letter Complete E. Arson CALJIC
14.80. --Great Bodily Injury-Burning of Inhabited Structure or
Inhabited Property CALJIC 14.81. Aggravated Arson CALJIC 14.82.
Unlawfully Causing a Fire-Causing Great Bodily Injury or Burning of
Inhabited Structure, Inhabited Property, or Structure or Forest Land
CALJIC 14.83. Arson-Burning Own Personal Property With Intent to
Defraud/Resulting Injury CALJIC 14.84. Attempted Arson CALJIC 14.85.
Unlawfully Causing a Fire or Burning of Property-A Misdemeanor CALJIC
14.86. Unlawfully Causing a Fire or Burning One's Own Property-Causing
Bodily Injury-A Misdemeanor CALJIC 14.88. Unlawful Possession of
Flammable, Explosive, or Combustible Material, or Device CALJIC 14.89.
Structure-Forest Land-Property-Inhabited-Defined CALJIC 14.90. Finding
re Pecuniary Gain CALJIC 14.91. "Sets Fire to or Burns"-Defined F.
Malicious Mischief CALJIC 14.95. Felony Vandalism CALJIC 14.96. Cruelty
to Animals Part 15. Criminal Writings A. Forgery B. Issuing Worthless
Check C. Fraudulent Insurance Claims D. False Financial Statements Part
16. Misdemeanor Instructions A. Business and Professions Code CALJIC
16.005. Unlawful Possession of Hypodermic Needle or Syringe CALJIC
16.006. Fraudulent Obtaining of Hypodermic Needle CALJIC 16.007.
Permitting Improper Use of Hypodermic Needle CALJIC 16.010. Selling
Liquor to Person Under 21 CALJIC 16.011. Purchase or Consumption of
Liquor by Minor CALJIC 16.012. Reliance on Proof of Majority CALJIC
16.013. Purchase of Liquor for Minor, Resulting in Great Bodily Injury
CALJIC 16.013.1. Mistake of Fact as to Age CALJIC 16.014. Alcoholic
Beverage Includes CALJIC 16.016. Parent/Guardian Knowingly Permitting
Minor's Use or Consumption of Alcohol or Controlled Substance in the
Home CALJIC 16.020. Possession of Liquor by Minor B. Health and Safety
Code CALJIC 16.030. Concentrated Cannabis or Marijuana-Illegal
Possession CALJIC 16.035. --Gives Away or Transports Not More Than 28.5
Grams CALJIC 16.040. Possession of Controlled Substance Device CALJIC
16.050. Presence Where Controlled Substances Used CALJIC 16.060. Use or
Under Influence of Controlled Substances-"Under the Influence of
Controlled Substance"-Defined CALJIC 16.061. --Burden of Proof of
Authorized Administration B.1. Misdemeanor Instructions CALJIC 16.075.
Fraudulent Claims for Health Care Benefits-A Misdemeanor C. Penal Code
CALJIC 16.100. Assault on Peace Officer, Firefighter, et. al. CALJIC
16.101. Battery on Peace Officer, Firefighter, et al. CALJIC 16.102.
Resisting Arrest CALJIC 16.103. Discharge or Performance of
Duties-Defined CALJIC 16.104. "Lawful Arrest"-Defined CALJIC 16.105.
Method of Arrest CALJIC 16.106. Arrest or Detention-Use of Reasonable
Force-Duty to Submit CALJIC 16.107. Resisting Arrest-Passive Resistance
CALJIC 16.108. Lawful Detention-Defined CALJIC 16.109. Pat Down Search
CALJIC 16.110. Performing or Discharging Duties of Officer-Burden of
Proof CALJIC 16.111. Use of Excessive Force by Officer CALJIC 16.113.
Assault Against Service Personnel CALJIC 16.115. Escape Following
Remand or Arrest CALJIC 16.120. Courthouse Picketing CALJIC 16.135.
False Imprisonment CALJIC 16.140. Battery CALJIC 16.140.1. Battery
Against Spouse, etc. CALJIC 16.141. --"Force and Violence"-Defined
CALJIC 16.142. --Insulting Words No Justification CALJIC 16.143.
--Resisting Unlawful Arrest CALJIC 16.145. Sexual Battery-Defined
CALJIC 16.150. Failure to Provide CALJIC 16.151. --Duty of Support
Regardless of Marital Status or Provision of Divorce Decree CALJIC
16.152. Failure to Provide as Prima Facie Evidence That Omission Was
Willful and Without Lawful Excuse CALJIC 16.153. --Proof of Parentage
CALJIC 16.154. --Excuse of Inability CALJIC 16.155. --Ability to
Support-Factors to Consider CALJIC 16.156. --Care Furnished by Other
Parent or Others No Defense CALJIC 16.160. Contributing to Delinquency
of Minor CALJIC 16.160.1. Persuading, Luring or Transporting Minors
Under 14 Years of Age CALJIC 16.161. Contributing to Delinquency of
Minor-"Dependent Child"-Defined CALJIC 16.162. --"Delinquent
Child"-Defined CALJIC 16.163. Definitions CALJIC 16.164. Unlawful
Sexual Intercourse-Defined CALJIC 16.170. Child
Abuse/Neglect/Endangerment Misdemeanor CALJIC 16.172. Elder/Dependent
Adult/Neglect/Endangerment Misdemeanor CALJIC 16.175. Sexual Assault of
Animal CALJIC 16.180. Obscenity-Obscene Matter CALJIC 16.181.
--Statutory Definitions CALJIC 16.182. --"Obscene Matter"-Elements
CALJIC 16.183. --"Matter"-Defined CALJIC 16.184. --"Average Adult
Person"-Defined CALJIC 16.185. --Other Definitions CALJIC 16.186.
--"Contemporary Community Standard"-Defined CALJIC 16.187. --Defined
CALJIC 16.190. Obscenity and Nudity Contrasted CALJIC 16.191. Obscenity
and Sex Contrasted CALJIC 16.192. --Possession of Obscene Matter CALJIC
16.193. --Exhibition of Similar Matter CALJIC 16.194. --Commercial
Exploitation of Matter as Evidence CALJIC 16.194.5. --Depiction of
Persons Under Sixteen as Evidence CALJIC 16.210. --Obscene Live Conduct
CALJIC 16.211. --"Obscene Live Conduct"-Elements CALJIC 16.220.
Indecent Exposure CALJIC 16.225. Disturbance of Public Assembly or
Meeting CALJIC 16.230. Incitement to Riot CALJIC 16.231.
--"Riot"-Defined CALJIC 16.235. Riot CALJIC 16.240. Unlawful Assembly
CALJIC 16.241. Participation in Unlawful Assembly CALJIC 16.250.
Refusal to Disperse When Ordered CALJIC 16.251. --"Lawful
Warning"-Defined CALJIC 16.252. "Rout"-Defined CALJIC 16.253.
Participation in a Rout CALJIC 16.260. Breach of Peace CALJIC 16.261.
--Definition of Terms Used CALJIC 16.262. --Intent to Provoke Violence
Not Necessary CALJIC 16.280. Disturbing the Peace-College CALJIC
16.290. Exhibiting Firearm/Deadly Weapon CALJIC 16.292. Exhibiting
Imitation Firearm CALJIC 16.293. Possession of a Deadly Weapon With
Intent to Assault CALJIC 16.294. Grossly Negligent Discharge of BB
Device CALJIC 16.300. Petty Theft CALJIC 16.305. Unlawful Taking of a
Bicycle, Motorboat or Vessel CALJIC 16.320. Vandalism CALJIC 16.325.
Cruelty to Animals CALJIC 16.330. Entering Land to Interfere With
Business CALJIC 16.340. Entering and Occupying Real Property CALJIC
16.350. Unauthorized Entry of Property CALJIC 16.400. Lewd Conduct
CALJIC 16.401. --"Public Place"-Defined CALJIC 16.403.
--"Solicit"-Defined CALJIC 16.420. Prostitution CALJIC 16.430.
Disorderly Conduct-Drunk in Public Place CALJIC 16.431. "Public
Place"-Defined CALJIC 16.440. Annoying or Molesting a Child CALJIC
16.441. Annoying or Molesting Adult Believed to be Under 18 CALJIC
16.445. Loitering CALJIC 16.447. Unlawful Peeking CALJIC 16.450.
Loitering About School CALJIC 16.455. Loitering for Prostitution CALJIC
16.456. --How Intent Evidenced Factors to Consider CALJIC 16.460.
Concealed Weapons CALJIC 16.470. Carrying Loaded Firearm CALJIC 16.500.
Interference With Civil Rights-Threat of Force to Person CALJIC 16.501.
--Damage to Property CALJIC 16.510. Planting or Manufacturing Evidence
CALJIC 16.531. Aggravated Trespass CALJIC 16.540. Unlawful Possession
of Personal Identifying Information D. Vehicle Code CALJIC 16.602.
"Highway" or "Street"-Defined CALJIC 16.620. Tampering With Vehicle
CALJIC 16.630. Driving Without Being Licensed CALJIC 16.631. Licensed
Driver-Burden of Proof CALJIC 16.632. Failure to Present License Upon
Demand CALJIC 16.640. Driving When License Suspended or Revoked CALJIC
16.641. Inference of Knowledge of Suspension or Revocation of Driver's
License CALJIC 16.650. Misdemeanor Hit and Run CALJIC 16.652.
--Driver's Duty Not Affected by Blame for Accident CALJIC 16.830.
Misdemeanor Driving Under the Influence CALJIC 16.830.1. Misdemeanor
Driving With 0.08 Percent Alcohol CALJIC 16.831. Alcohol or Drug
Influenced Driving-"Under the Influence"-Defined CALJIC 16.831.1.
Driving Vehicle While Addicted-Addiction Defined CALJIC 16.832.
Alcoholic or Drug Influenced Driving-Under the Influence Relates to
Condition of Driver CALJIC 16.835. Liquor Influenced Driving-Refusal to
Take Sobriety Test-Consciousness of Guilt CALJIC 16.840. Reckless
Driving CALJIC 16.841. --Speeding as Constituting CALJIC 16.842.
Reckless Driving Causing Bodily Injury to Person Other than Driver
CALJIC 16.860. Speed Contest CALJIC 16.870. Exhibition of Speed CALJIC
16.880. Violation of Promise to Appear CALJIC 16.890. Flight From
Pursuing Peace Officer E. Revenue and Taxation Code CALJIC 16.910.
Failure to File Tax Return or Supply Information CALJIC 16.911. False
Tax Return or Information CALJIC 16.912. Willful Failure to Pay
Estimated Tax CALJIC 16.913. Failure to Withhold Tax or Pay Over Tax
Withheld Part 17. Concluding Instructions Part 18. Annotations to
CALCRIM Appendix A Criminal Law--Sua Sponte Instructions Appendix B
Reasonable Doubt--The California Experience Appendix C Lesser Offenses
to the Offense Charged Appendix D The Birth, Life, and Death of Lesser
Related Offenses Appendix E CALJIC Master List
|