1. Jury Instructions San Francisco District Attorney’s Office
Compiled 2013
(Always check latest version of CALCRIM & Shepardize use notes)

2. Aiding and Abetting: Intended Crimes CALCRIM 401
To prove that the defendant is guilty of a crime based on aiding and abetting that crime, the People must prove that:
The perpetrator committed the crime;
The defendant knew that the perpetrator intended to commit the crime;
Before or during the commission of the crime, the defendant intended to aid and abet the perpetrator in committing the crime; AND
The defendant's words or conduct did in fact aid and abet the perpetrator's commission of the crime.
If all of these requirements are proved, the defendant does not need to actually have been present when the crime was committed to be guilty as an aider and abettor.

3. Solicitation: Elements Pen. Code § 653(f) - CALCRIM 441
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant requested [or ­­­­_________ < synonyms for solicit >] another person to commit or join in the commission of the crime of ­­__________ ; [AND]
The defendant intended that the crime of __________ be committed;
If the person solicited must receive message:
[AND The other person received the communication containing the request.]
The crime of solicitation must be proved by the testimony of at least two witnesses or by the testimony of one witness and corroborating evidence
A person is guilty of solicitation even if the crime solicited is not completed or even started. The person solicited does not have to agree to commit the crime

4. First or Second Degree Murder with Malice Aforethought Pen
First or Second Degree Murder with Malice Aforethought Pen. Code § CALCRIM 520
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant committed an act that caused the death of another person/ [or] a fetus; AND
When the defendant acted, he/she had a state of mind called malice aforethought;
When instructing on justifiable or excusable homicide:
[AND He/She killed without lawful excuse/[or] justification.]
If you decide that the defendant committed murder, it is murder of the second degree, unless the People have proved beyond a reasonable doubt that it is murder of the first degree

5. Malice Aforethought: Definitions Pen. Code § 187 - CALCRIM 520
There are two kinds of malice aforethought, express malice and implied malice. Proof of either is sufficient to establish the state of mind required for murder.
Defendant acted with express malice if he/she unlawfully intended to kill.
Defendant acted with implied malice if:
He/She intentionally committed an act;
The natural and probable consequences of the act were dangerous to human life;
At the time he/she acted, he/she knew his/her act was dangerous to human life; AND
He/She deliberately acted with conscious disregard for human/ [or] fetal life.
Malice aforethought does not require hatred or ill will toward the victim. It is a mental state that must be formed before the act that causes death is committed. It does not require deliberation or the passage of any particular period of time.

6. Causes Death: Definition Pen. Code § 187, 192 - CALCRIM 500s
An act causes death if the death is the direct, natural, & probable consequence of the act and the death would not have happened without the act.
A natural and probable consequence is one that a reasonable person would know is likely to happen if nothing unusual intervenes.
An act causes death only if it is a substantial factor in causing the death.
A substantial factor is more than a trivial or remote factor. However, it does not need to be the only factor that causes the death.

7. First Degree Murder Pen. Code § 189 - CALCRIM 521
The defendant is guilty of first degree murder if the People have proved that he/she acted willfully, deliberately, and with premeditation.
The defendant acted willfully if he/she intended to kill.
The defendant acted deliberately if he/she carefully weighed the considerations for and against his/her choice and, knowing the consequences, decided to kill.
The defendant acted with premeditation if he/she decided to kill before completing the act[s] that caused death.
The length of time the person spends considering whether to kill does not alone determine whether the killing is deliberate and premeditated.
The amount of time required for deliberation and premeditation may vary from person to person and according to the circumstances.
A decision to kill made rashly, impulsively, or without careful consideration is not deliberate and premeditated.
On the other hand, a cold, calculated decision to kill can be reached quickly. The test is the extent of the reflection, not the length of time.

8. Voluntary Manslaughter: Heat of Passion Pen
Voluntary Manslaughter: Heat of Passion Pen. Code § 192(a) - CALCRIM 570
A killing that would otherwise be murder is reduced to voluntary manslaughter if the defendant killed someone because of a sudden quarrel or in the heat of passion.
The defendant killed someone because of a sudden quarrel or in the heat of passion if:
The defendant was provoked;
As a result of the provocation, the defendant acted rashly and under the influence of intense emotion that obscured his/her reasoning or judgment; AND
The provocation would have caused a person of average disposition to act rashly and without due deliberation, that is, from passion rather than from judgment.

9. Heat of Passion: Definitions Pen. Code § 192(a) - CALCRIM 570
Heat of passion does not require anger, rage, or any specific emotion. It can be any violent or intense emotion that causes a person to act without due deliberation and reflection.
In order for heat of passion to reduce a murder to voluntary manslaughter, the defendant must have acted under the direct and immediate influence of provocation as I have defined it. While no specific type of provocation is required, slight or remote provocation is not sufficient.
It is not enough that the defendant simply was provoked. You must decide whether the defendant was provoked and whether the provocation was sufficient. In deciding whether the provocation was sufficient, consider whether a person of average disposition, in the same situation and knowing the same facts, would have reacted from passion rather than from judgment.

10. Voluntary Manslaughter: Imperfect Self-Defense or Imperfect Defense of Another Pen. Code § 192(a) - CALCRIM (1 of 2)
A killing that would otherwise be murder is reduced to voluntary manslaughter if the defendant killed a person because he/she acted in imperfect self-defense/ [or] imperfect defense of another.
If you conclude the defendant acted in complete self-defense/ [or] defense of another, his/her action was lawful and you must find him/her not guilty of any crime.
The difference between complete self-defense/ [or] defense of another and imperfect self-defense/ [or] imperfect defense of another depends on whether the defendant's belief in the need to use deadly force was reasonable.

11. Voluntary Manslaughter: Imperfect Self-Defense or Imperfect Defense of Another Pen. Code § 192(a) - CALCRIM 571 – (2 of 2)
The defendant acted in imperfect self-defense/ [or] imperfect defense of another if:
The defendant actually believed that he/she/ [or] someone else was in imminent danger of being killed or suffering great bodily injury; AND
The defendant actually believed that the immediate use of deadly force was necessary to defend against the danger; BUT
At least one of those beliefs was unreasonable.
Belief in future harm is not sufficient, no matter how great or how likely the harm is believed to be.
In evaluating the defendant's beliefs, consider all the circumstances as they were known and appeared to the defendant.

12. Voluntary Manslaughter: Murder Not Charged (Option 1) Pen
Voluntary Manslaughter: Murder Not Charged (Option 1) Pen. Code § 192(a) - CALCRIM 572
To prove that the defendant is guilty of voluntary manslaughter, the People must prove that:
The defendant committed an act that caused the death of another person; AND
When the defendant acted, he/she unlawfully intended to kill someone;
When instructing on self-defense or defense of another:
[AND He/She killed without lawful excuse or justification.]
The length of time the person spends considering whether to kill does not alone determine whether the killing is deliberate and premeditated.
The amount of time required for deliberation and premeditation may vary from person to person and according to the circumstances.
A decision to kill made rashly, impulsively, or without careful consideration is not deliberate and premeditated.
On the other hand, a cold, calculated decision to kill can be reached quickly. The test is the extent of the reflection, not the length of time.

13. Voluntary Manslaughter: Murder Not Charged (Option 2) Pen
Voluntary Manslaughter: Murder Not Charged (Option 2) Pen. Code § 192(a) - CALCRIM 572
OR the People must prove that:
The defendant intentionally committed an act that caused the death of another person;
The natural consequences of the act were dangerous to human life;
At the time he/she acted, he/she knew the act was dangerous to human life; AND
He/She deliberately acted with conscious disregard for human life;
When instructing on self-defense or defense of another:
[AND He/She killed without lawful excuse or justification.]

14. Involuntary Manslaughter: Lesser Offense Included Pen
Involuntary Manslaughter: Lesser Offense Included Pen. Code § 192(b) - CALCRIM (1 of 2)
When a person commits an unlawful killing but does not intend to kill and does not act with conscious disregard for human life, then the crime is involuntary manslaughter.
The difference between other homicide offenses and involuntary manslaughter depends on whether the person was aware of the risk to life that his or her actions created and consciously disregarded that risk.
An unlawful killing caused by a willful act done with full knowledge and awareness that the person is endangering the life of another, and done in conscious disregard of that risk, is voluntary manslaughter or murder.
An unlawful killing resulting from a willful act committed without intent to kill and without conscious disregard of the risk to human life is involuntary manslaughter.

15. Involuntary Manslaughter: Lesser Offense Included Pen
Involuntary Manslaughter: Lesser Offense Included Pen. Code § 192(b) - CALCRIM 580 – (2 of 2)
The defendant committed involuntary manslaughter if:
The defendant committed a crime/ [or] a lawful act in an unlawful manner;
The defendant committed the crime/ [or] act with criminal negligence; AND
The defendant's acts caused the death of another person.
Criminal negligence involves more than ordinary carelessness, inattention, or mistake in judgment.
A person acts with criminal negligence when:
He or she acts in a reckless way that creates a high risk of death or great bodily injury; AND
A reasonable person would have known that acting in that way would create such a risk.

16. Involuntary Manslaughter: Murder Not Charged Pen
Involuntary Manslaughter: Murder Not Charged Pen. Code § 192(b) - CALCRIM 581
To prove that the defendant is guilty of involuntary manslaughter, the People must prove that:
The defendant committed a crime/ [or] a lawful act in an unlawful manner;
The defendant committed the crime/ [or] act with criminal negligence; AND
The defendant's acts caused the death of another person.
Criminal negligence involves more than ordinary carelessness, inattention, or mistake in judgment.
A person acts with criminal negligence when:
He or she acts in a reckless way that creates a high risk of death or great bodily injury; AND
A reasonable person would have known that acting in that way would create such a risk.

17. Involuntary Manslaughter: Failure to Perform Legal Duty Pen
Involuntary Manslaughter: Failure to Perform Legal Duty Pen. Code § 192(b) - CALCRIM 582
To prove that the defendant is guilty of involuntary manslaughter, the People must prove that:
The defendant had a legal duty to _________ ;
The defendant failed to perform that legal duty;
The defendant's failure was criminally negligent; AND
The defendant's failure caused the death of _________ .
Criminal negligence involves more than ordinary carelessness, inattention, or mistake in judgment.
A person acts with criminal negligence when:
He or she acts in a reckless way that creates a high risk of death or great bodily injury; AND
A reasonable person would have known that acting in that way would create such a risk.

18. Gross Vehicular Manslaughter While Intoxicated Pen. Code § 191
Gross Vehicular Manslaughter While Intoxicated Pen. Code § 191.5(a) - CALCRIM 590
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant drove under the influence of an alcoholic beverage/ [or] a drug/drove while having a blood alcohol level of 0.08 or higher/drove under the influence of an alcoholic beverage/ [or] a drug when under the age of 21/drove while having a blood alcohol level of 0.05 or higher when under the age of 21;
While driving that vehicle under the influence of an alcoholic beverage/ [or] a drug, the defendant also committed a/an misdemeanor/ [or] infraction/ [or] otherwise lawful act that might cause death;
The defendant committed the misdemeanor/ [or] infraction/ [or] otherwise lawful act that might cause death with gross negligence; AND
The defendant's grossly negligent conduct caused the death of another person.

19. Gross Vehicular Manslaughter While Intoxicated : Definitions Pen
Gross Vehicular Manslaughter While Intoxicated : Definitions Pen. Code § 191.5(a) - CALCRIM 590
Gross negligence involves more than ordinary carelessness, inattention, or mistake in judgment.
A person acts with gross negligence when:
He or she acts in a reckless way that creates a high risk of death or great bodily injury; AND
A reasonable person would have known that acting in that way would create such a risk.
The combination of driving a vehicle while under the influence of an alcoholic beverage/ [and/or] a drug and violating a traffic law is not enough by itself to establish gross negligence.
In evaluating whether the defendant acted with gross negligence, consider the level of the defendant's intoxication, if any; the way the defendant drove; and any other relevant aspects of the defendant's conduct.

20. Vehicular Manslaughter While Intoxicated— Ordinary Negligence Pen
Vehicular Manslaughter While Intoxicated— Ordinary Negligence Pen. Code § 191.5(b) - CALCRIM 591
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant drove under the influence of an alcoholic beverage/ [or] a drug/drove while having a blood alcohol level of 0.08 or higher/drove under the influence of an alcoholic beverage/ [or] a drug when under the age of 21/drove while having a blood alcohol level of 0.05 or higher when under the age of 21;
While driving that vehicle under the influence of an alcoholic beverage/ [or] a drug, the defendant also committed a/an misdemeanor/ [or] infraction/ [or] otherwise lawful act that might cause death;
The defendant committed the misdemeanor/ [or] infraction/[or] otherwise lawful act that might cause death with ordinary negligence; AND
The defendant's negligent conduct caused the death of another person.

21. Ordinary Negligence: Definition Pen. Code § 191
Ordinary Negligence: Definition Pen. Code § 191.5(b), 192(c)(2) - CALCRIM 591, 593
The difference between this offense and the charged offense of gross vehicular manslaughter while intoxicated is the degree of negligence required.
Ordinary negligence is the failure to use reasonable care to prevent reasonably foreseeable harm to oneself or someone else.
A person is negligent if he or she does something that a reasonably careful person would not do in the same situation/ [or] fails to do something that a reasonably careful person would do in the same situation.

22. Gross Vehicular Manslaughter Pen. Code § 192(c)(1) - CALCRIM 592
To prove that the defendant is guilty of gross vehicular manslaughter, the People must prove that:
The defendant drove a vehicle/operated a vessel;
While driving that vehicle/operating that vessel, the defendant committed a/an misdemeanor/ [or] infraction/ [or] otherwise lawful act that might cause death;
The defendant committed the misdemeanor/ [or] infraction/ [or] otherwise lawful act that might cause death with gross negligence; AND
The defendant's grossly negligent conduct caused the death of another person.

23. Gross Negligence: Definition Pen. Code § 192(c)(1) - CALCRIM 592
Gross negligence involves more than ordinary carelessness, inattention, or mistake in judgment.
A person acts with gross negligence when:
He or she acts in a reckless way that creates a high risk of death or great bodily injury; AND
A reasonable person would have known that acting in that way would create such a risk.
In other words, a person acts with gross negligence when the way he or she acts is so different from how an ordinarily careful person would act in the same situation that his or her act amounts to disregard for human life or indifference to the consequences of that act.

24. Misdemeanor Vehicular Manslaughter Pen. Code § 192(c)(2) - CALCRIM 593
To prove that the defendant is guilty of vehicular manslaughter with ordinary negligence, the People must prove that:
While driving a vehicle/operating a vessel, the defendant committed a misdemeanor/ [or] an infraction/ [or] a lawful act in an unlawful manner;
The misdemeanor/ [or] infraction/ [or] otherwise lawful act was dangerous to human life under the circumstances of its commission;
The defendant committed the misdemeanor/ [or] infraction/ [or] otherwise lawful act with ordinary negligence; AND
The misdemeanor/ [or] infraction/ [or] otherwise lawful act caused the death of another person.

25. Vehicular Manslaughter: Collision for Financial Gain Pen
Vehicular Manslaughter: Collision for Financial Gain Pen. Code § 192(c)(4) - CALCRIM 594
To prove that the defendant is guilty of this crime, the People must prove that:
While driving a vehicle, the defendant knowingly caused or participated in a vehicular collision;
When the defendant acted, he/she knew that the purpose of the vehicular collision was to make a false or fraudulent insurance claim for financial gain;
When the defendant acted, he/she did so with intent to defraud; AND
The collision caused the death of another person.
A person intends to defraud if he or she intends to deceive another person in order to cause a loss of, or damage to, a legal, financial, or property right.

26. Attempted Murder Pen. Code § 664/187 - CALCRIM 600
To prove that the defendant is guilty of attempted murder, the People must prove that:
The defendant took at least one direct but ineffective step toward killing another person/ [or] a fetus; AND
The defendant intended to kill that/a person/ [or] fetus.
A direct step is one that goes beyond planning or preparation and shows that a person is putting his or her plan into action. A direct step indicates a definite and unambiguous intent to kill. It is an immediate step that puts the plan in motion so that the plan would have been completed if some circumstance outside the plan had not interrupted the attempt.
A person who attempts to commit murder is guilty of attempted murder even if, after taking a direct step toward killing, he or she abandons further efforts to complete the crime, or his or her attempt fails or is interrupted by someone or something beyond his or her control. On the other hand, if a person freely and voluntarily abandons his or her plans before taking a direct step toward committing the murder, then that person is not guilty of attempted murder.

27. Attempted Murder: Deliberation and Premeditation Pen
Attempted Murder: Deliberation and Premeditation Pen. Code § 664(a)/189 - CALCRIM 601
If you find the defendant guilty of attempted murder, you must then decide whether the People have proved the additional allegation that the attempted murder was done willfully, and with deliberation and premeditation.
The defendant acted willfully if he/she intended to kill.
The defendant deliberated if he/she carefully weighed the considerations for and against his/her choice and, knowing the consequences, decided to kill.
The defendant premeditated if he/she decided to kill before completing the act[s] that caused death.
The length of time the person spends considering whether to kill does not alone determine whether the killing is deliberate and premeditated.
The amount of time required for deliberation and premeditation may vary from person to person and according to the circumstances.
A decision to kill made rashly, impulsively, or without careful consideration is not deliberate and premeditated.
On the other hand, a cold, calculated decision to kill can be reached quickly. The test is the extent of the reflection, not the length of time.

28. Aggravated Mayhem Pen. Code § 205 - CALCRIM 800
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant unlawfully and maliciously disabled or disfigured someone permanently/ [or] deprived someone else of a limb, organ, or part of his/her body;
When the defendant acted, he/she intended to permanently disable or disfigure the other person/ [or] deprive the other person of a limb, organ, or part of his/her body; AND
Under the circumstances, the defendant's act showed extreme indifference to the physical or psychological well-being of the other person.
A disfiguring injury may be permanent even if it can be repaired by medical procedures.

29. Mayhem Pen. Code § 203 - CALCRIM 801
To prove that the defendant is guilty of mayhem, the People must prove that the defendant caused serious bodily injury when he/she unlawfully and maliciously:
Removed a part of someone's body; [OR]
Disabled or made useless a part of someone's body and the disability was more than slight or temporary; [OR]
Permanently disfigured someone; [OR]
Cut or disabled someone's tongue; [OR]
Slit someone's nose/ear/ [or] lip; [OR]
Put out someone's eye or injured someone's eye in a way that so significantly reduced his/her ability to see that the eye was useless for the purpose of ordinary sight.
A disfiguring injury may be permanent even if it can be repaired by medical procedures.

30. Simple Assault Pen. Code § 240 - CALCRIM 915
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant did an act that by its nature would directly and probably result in the application of force to a person;
The defendant did that act willfully;
When the defendant acted, he/she was aware of facts that would lead a reasonable person to realize that his/her act by its nature would directly and probably result in the application of force to someone; AND
When the defendant acted, he/she had the present ability to apply force to a person;
When instructing on self-defense or defense of another:
[AND The defendant did not act in self-defense/ [or] in defense of someone else.]

31. Assault on Firefighter or Peace Officer with Deadly Weapon Pen
Assault on Firefighter or Peace Officer with Deadly Weapon Pen. Code § 245(c), (d) - CALCRIM 860 (a)
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant did an act with a deadly weapon/a firearm/a semiautomatic firearm/a machine gun/an assault weapon/a .50 BMG rifle that by its nature would directly and probably result in the application of force to a person;
The defendant did that act willfully;
When the defendant acted, he/she was aware of facts that would lead a reasonable person to realize that his/her act by its nature would directly and probably result in the application of force to someone;
When the defendant acted, he/she had the present ability to apply force with a deadly weapon/with a firearm/with a semiautomatic firearm/with a machine gun/with an assault weapon/with a .50 BMG rifle to a person;
When the defendant acted, the person assaulted was lawfully performing his/her duties as a firefighter/peace officer; AND
When the defendant acted, he/she knew, or reasonably should have known, that the person assaulted was a firefighter/peace officer who was performing his/her duties;
When instructing on self-defense or defense of another:
[AND The defendant did not act in self-defense/ [or] in defense of someone else.]

32. Assault on Firefighter or Peace Officer with Force Likely to Produce Great Bodily Injury Pen. Code § 245(c) - CALCRIM 860 (b)
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant did an act that by its nature would directly and probably result in the application of force to a person, and the force used was likely to produce great bodily injury;
The defendant did that act willfully;
When the defendant acted, he/she was aware of facts that would lead a reasonable person to realize that his/her act by its nature would directly and probably result in the application of force to someone;
When the defendant acted, he/she had the present ability to apply force likely to produce great bodily injury;
When the defendant acted, the person assaulted was lawfully performing his/her duties as a firefighter/peace officer; AND
When the defendant acted, he/she knew, or reasonably should have known, that the person assaulted was a firefighter/peace officer who was performing his/her duties;
When instructing on self-defense or defense of another:
[AND The defendant did not act in self-defense/ [or] in defense of someone else.]

33. Assault on Transportation Personnel or Passenger with Deadly Weapon Pen. Code § CALCRIM 863 (a)
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant willfully did an act with a deadly weapon that by its nature would directly and probably result in the application of force to a person;
The defendant did that act willfully;
When the defendant acted, he/she was aware of facts that would lead a reasonable person to realize that his/her act by its nature would directly and probably result in the application of force to someone;
When the defendant acted, he/she had the present ability to apply force with a deadly weapon to a person;
[When the defendant acted, the person assaulted was performing his/her duties as a/an operator/driver/station agent/ticket agent of a/an ____, OR The person assaulted was a passenger of a/an ___________ ]
[AND] When the defendant acted, he/she knew, or reasonably should have known, [both] that the person assaulted was a/an operator/driver/station agent/ ticket agent/passenger of a/an _______ [and that he/she was performing his/her duties];
When instructing on self-defense or defense of another:
[AND The defendant did not act in self-defense/ [or] in defense of someone else.]

34. Assault on Transportation Personnel or Passenger with Force Likely to Produce Great Bodily Injury Pen. Code § CALCRIM 863 (b)
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant did an act that by its nature would directly and probably result in the application of force to a person, and the force used was likely to produce great bodily injury;
The defendant did that act willfully;
When the defendant acted, he/she was aware of facts that would lead a reasonable person to realize that his/her act by its nature would directly and probably result in the application of force to someone;
When the defendant acted, he/she had the present ability to apply force likely to produce great bodily injury to a person;
[When the defendant acted, the person assaulted was performing his/her duties as a/an operator/driver/station agent/ticket agent of a/an ____, OR The person assaulted was a passenger of a/an ___________ ]
[AND] When the defendant acted, he/she knew, or reasonably should have known, [both] that the person assaulted was a/an operator/driver/station agent/ ticket agent/passenger of a/an _______ [and that he/she was performing his/her duties];
When instructing on self-defense or defense of another:
[AND The defendant did not act in self-defense/ [or] in defense of someone else.]

35. Assault with Deadly Weapon: Other Than a Firearm Pen
Assault with Deadly Weapon: Other Than a Firearm Pen. Code § 245(a)(1) - CALCRIM 875 (a)
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant did an act with a deadly weapon other than a firearm that by its nature would directly and probably result in the application of force to a person;
The defendant did that act willfully;
When the defendant acted, he/she was aware of facts that would lead a reasonable person to realize that his/her act by its nature would directly and probably result in the application of force to someone; AND
When the defendant acted, he/she had the present ability to apply force with a deadly weapon other than a firearm to a person;
When instructing on self-defense or defense of another:
[AND The defendant did not act in self-defense/ [or] in defense of someone else.]

36. Assault with Deadly Weapon: Firearm Pen
Assault with Deadly Weapon: Firearm Pen. Code § 245(a)(2) - CALCRIM 875 (a)
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant did an act with a firearm that by its nature would directly and probably result in the application of force to a person;
The defendant did that act willfully;
When the defendant acted, he/she was aware of facts that would lead a reasonable person to realize that his/her act by its nature would directly and probably result in the application of force to someone; AND
When the defendant acted, he/she had the present ability to apply force with a firearm to a person;
When instructing on self-defense or defense of another:
[AND The defendant did not act in self-defense/ [or] in defense of someone else.]

37. Assault with Deadly Weapon: Machine Gun, Assault Weapon,
Assault with Deadly Weapon: Machine Gun, Assault Weapon, .50 BMG Rifle Pen. Code § 245(a)(3) - CALCRIM 875 (a)
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant did an act with a machine gun/an assault weapon/a .50 BMG rifle that by its nature would directly and probably result in the application of force to a person;
The defendant did that act willfully;
When the defendant acted, he/she was aware of facts that would lead a reasonable person to realize that his/her act by its nature would directly and probably result in the application of force to someone; AND
When the defendant acted, he/she had the present ability to apply force with a machine gun/with an assault weapon/with a .50 BMG rifle to a person;
When instructing on self-defense or defense of another:
[AND The defendant did not act in self-defense/ [or] in defense of someone else.]

38. Assault with Deadly Weapon: Semiautomatic Firearm Pen
Assault with Deadly Weapon: Semiautomatic Firearm Pen. Code § 245(b) - CALCRIM 875 (a)
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant did an act with a semiautomatic firearm that by its nature would directly and probably result in the application of force to a person;
The defendant did that act willfully;
When the defendant acted, he/she was aware of facts that would lead a reasonable person to realize that his/her act by its nature would directly and probably result in the application of force to someone; AND
When the defendant acted, he/she had the present ability to apply force with a semiautomatic firearm to a person;
When instructing on self-defense or defense of another:
[AND The defendant did not act in self-defense/ [or] in defense of someone else.]

39. Assault with Force Likely to Produce Great Bodily Pen
Assault with Force Likely to Produce Great Bodily Pen. Code § 245(a)(4) - CALCRIM 875 (b)
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant did an act that by its nature would directly and probably result in the application of force to a person, and the force used was likely to produce great bodily injury;
The defendant did that act willfully;
When the defendant acted, he/she was aware of facts that would lead a reasonable person to realize that his/her act by its nature would directly and probably result in the application of force to someone; AND
When the defendant acted, he/she had the present ability to apply force likely to produce great bodily injury to a person;
When instructing on self-defense or defense of another:
[AND The defendant did not act in self-defense/ [or] in defense of someone else.]

40. Assault: Explanations Pen. Code § 240, 245 - CALCRIM 860, 863, 875, 915
The terms application of force and apply force mean to touch in a harmful or offensive manner.
The slightest touching can be enough if it is done in a rude or angry way.
The People are not required to prove that the defendant actually touched someone.
The touching does not have to cause pain or injury of any kind.
The People are not required to prove that the defendant actually intended to use force against someone when he/she acted.

41. Inflicting Injury on Spouse, Cohabitant, or Fellow Parent Resulting in Traumatic Condition Pen. Code § CALCRIM 840
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant willfully and unlawfully inflicted a physical injury on his/her [former] spouse/[former] cohabitant/the mother/father of his/her child; AND
The injury inflicted by the defendant resulted in a traumatic condition.
When instructing on self-defense or defense of another:
[AND The defendant did not act in self-defense/ [or] in defense of someone else.]
A traumatic condition is a wound or other bodily injury, whether minor or serious, caused by the direct application of physical force.

42. Traumatic Condition: Definition Pen. Code § 273.5 - CALCRIM 840
A traumatic condition is a wound or other bodily injury, whether minor or serious, caused by the direct application of physical force.
A traumatic condition is the result of an injury if:
The traumatic condition was the natural and probable consequence of the injury;
The injury was a direct and substantial factor in causing the condition; AND
The condition would not have happened without the injury.
A natural and probable consequence is one that a reasonable person would know is likely to happen if nothing unusual intervenes. In deciding whether a consequence is natural and probable, consider all of the circumstances established by the evidence.

43. Simple Battery: Against Spouse, Cohabitant, or Fellow Parent Pen
Simple Battery: Against Spouse, Cohabitant, or Fellow Parent Pen. Code § 243(e) - CALCRIM 841
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant willfully and unlawfully touched ________ in a harmful or offensive manner; AND
________ is the/a defendant's [former] spouse/defendant's [former] cohabitant/defendant's fiancé/person with whom the defendant currently has, or previously had, a dating/ [or] engagement relationship/mother/father of the defendant's child;
When instructing on self-defense or defense of another:
[AND The defendant did not act in self-defense/ [or] in defense of someone else.]

44. Battery Causing Serious Bodily Injury Pen. Code § 243(d) - CALCRIM 925
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant willfully and unlawfully touched ________ in a harmful or offensive manner; AND
________ suffered serious bodily injury as a result of the force used;
When instructing on self-defense, defense of another, or reasonable discipline:
[AND The defendant did not act in self-defense/ [or] in defense of someone else/ [or] while reasonably disciplining a child.]

45. Sexual Battery: Felony Pen. Code § 243.4 - CALCRIM 935
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant [or an accomplice] unlawfully restrained __________ ;
[While __________ was restrained, the defendant touched an intimate part of __________ ; OR
While __________ was restrained, the defendant caused __________ to touch his/her own intimate part/ [or] caused __________ to touch the intimate part of defendant [or someone else];]
The touching was done against 's __________ will; AND
The touching was done for the specific purpose of sexual arousal, sexual gratification, or sexual abuse.

46. Battery Against Peace Officer Pen. Code § 243(b) - CALCRIM 945
To prove that the defendant is guilty of this crime, the People must prove that:
__________ was a peace officer performing the duties of a/an __________ (insert title);
The defendant willfully and unlawfully touched _________ in a harmful or offensive manner; AND
When the defendant acted, he/she knew, or reasonably should have known, that __________ was a peace officer who was performing his/her duties;
When instructing on felony battery against a peace officer:
[AND ________ suffered injury as a result of the touching;]
When instructing on self-defense or defense of another:
[AND The defendant did not act in self-defense/ [or] in defense of someone else.]

47. Battery Against Transportation Personnel or Passenger Pen. Code § 243
Battery Against Transportation Personnel or Passenger Pen. Code § CALCRIM 948
To prove that the defendant is guilty of this crime, the People must prove that:
__________ was a/an operator/driver/station agent/ticket agent/passenger of a/an __________;
The defendant willfully and unlawfully touched _________ in a harmful or offensive manner;
[ ________ was performing his/her duties as a/an operator/driver/ station agent/ticket agent of a/an ________ ;]
When the defendant acted, he/she knew, or reasonably should have known, that __________ was a/an operator/driver/station agent/ticket agent/ passenger of a/an ______; [and that ______ was performing his/her duties;
When the defendant is charged with felony battery based on injury:
[AND __________ suffered an injury as a result of the force used;]
When instructing on self-defense or defense of another:
[AND The defendant did not act in self-defense/ [or] in defense of someone else.]

48. Simple Battery Pen. Code § 242, 243(a) - CALCRIM 960
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant willfully and unlawfully touched ________ in a harmful or offensive manner;
When instructing on self-defense, defense of another, or reasonable discipline:
[AND The defendant did not act in self-defense/ [or] in defense of someone else/ [or] while reasonably disciplining a child.]

49. Battery: Explanations Pen
Battery: Explanations Pen. Code § 242, CALCRIM 841, 925, 935, 945, 948, 960
The slightest touching can be enough to commit a battery if it is done in a rude or angry way.
The touching can be done indirectly by causing an object [or someone else] to touch the other person.
Making contact with another person, including through his or her clothing, is enough.
The touching does not have to cause pain or injury of any kind.

50. Shooting at Inhabited House or Occupied Motor Vehicle Pen
Shooting at Inhabited House or Occupied Motor Vehicle Pen. Code § 246- CALCRIM 965
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant willfully and maliciously shot a firearm; AND
The defendant shot the firearm at an inhabited house/inhabited house car/inhabited camper/occupied building/occupied motor vehicle/occupied aircraft;
When instructing on self-defense or defense of another:
[AND The defendant did not act in self-defense/ [or] in defense of someone else.]

51. Rape or Spousal Rape by Force, Fear, or Threats Pen
Rape or Spousal Rape by Force, Fear, or Threats Pen. Code § 261(a)(2), (6), (7) & 262(a)(1), (4), (5) - CALCRIM 1000
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant had sexual intercourse with a woman;
He and the woman were (not married/married) to each other at the time of the intercourse;
The woman did not consent to the intercourse; AND
The defendant accomplished the intercourse by
[force, violence, duress, menace, or fear of immediate and unlawful bodily injury to the woman or to someone else.] OR
[threatening to retaliate in the future against the woman or someone else when there was a reasonable possibility that the defendant would carry out the threat.] OR
[threatening to use the authority of a public office to incarcerate, arrest, or deport someone.]

52. Rape: Definitions Pen. Code § 261, 262 - CALCRIM 1000
Sexual intercourse means any penetration, no matter how slight, of the vagina or genitalia by the penis. Ejaculation is not required.
Intercourse is accomplished by force if a person uses enough physical force to overcome the woman’s will.
Duress means a direct or implied threat of force, violence, danger, or retribution that would cause a reasonable person to do something that she would not do otherwise.
Menace means a threat, statement, or act showing an intent to injure someone.
Intercourse is accomplished by fear if the woman is actually and reasonably afraid, or she is actually but unreasonably afraid and the defendant knows of her fear and takes advantage of it.
A threat to retaliate is a threat to kidnap, falsely imprison, or inflict extreme pain, serious bodily injury, or death.

53. Rape: Consent Pen. Code § 261, 262 - CALCRIM 1000
To consent, a woman must act freely and voluntarily and know the nature of the act.
A woman who initially consents to an act of intercourse may change her mind during the act. If she does so, under the law, the act of intercourse is then committed without her consent if:
She communicated to the defendant that she objected to the act of intercourse and attempted to stop the act;
She communicated her objection through words or acts that a reasonable person would have understood as showing her lack of consent; AND
The defendant forcibly continued the act of intercourse despite her objection.
[Evidence that the defendant and the woman dated/were married/ had been married is not enough by itself to constitute consent.]
[Evidence that the woman requested/suggested/communicated that the defendant use a condom or other birth control device is not enough by itself to constitute consent.]

54. Rape of Intoxicated Woman or Spouse Pen
Rape of Intoxicated Woman or Spouse Pen. Code § 261(a)(3), 262(a)(2) - CALCRIM 1002
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant had sexual intercourse with a woman;
He and the woman were not married/married to each other at the time of the intercourse;
The effect of a/an intoxicating/anesthetic/controlled substance prevented the woman from resisting; AND
The defendant knew or reasonably should have known that the effect of a/an intoxicating/anesthetic/controlled substance prevented the woman from resisting.
Sexual intercourse means any penetration, no matter how slight, of the vagina or genitalia by the penis. Ejaculation is not required.
A person is prevented from resisting if he or she is so intoxicated that he or she cannot give legal consent.

55. Rape of Unconscious Woman or Spouse Pen
Rape of Unconscious Woman or Spouse Pen. Code § 261(a)(4), 262(a)(3) - CALCRIM 1003
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant had sexual intercourse with a woman;
He and the woman were not married/married to each other at the time of the intercourse;
The woman was unable to resist because she was unconscious of the nature of the act; AND
The defendant knew that the woman was unable to resist because she was unconscious of the nature of the act.
Sexual intercourse means any penetration, no matter how slight, of the vagina or genitalia by the penis. Ejaculation is not required.
A woman is unconscious of the nature of the act if she is unconscious or asleep/ not aware that the act is occurring/ not aware of the essential characteristics of the act because the perpetrator tricked, lied to, or concealed information from her/ not aware of the essential characteristics of the act because the perpetrator fraudulently represented that the sexual penetration served a professional purpose when it served no professional purpose.

56. Rape of a Disabled Woman Pen. Code § 261(a)(1) - CALCRIM 1004
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant had sexual intercourse with a woman;
He and the woman were not married to each other at the time of the intercourse;
The woman had a mental disorder/developmental or physical disability that prevented her from legally consenting; AND
The defendant knew or reasonably should have known that the woman had a mental disorder/developmental or physical disability that prevented her from legally consenting.
Sexual intercourse means any penetration, no matter how slight, of the vagina or genitalia by the penis. Ejaculation is not required.

57. Rape by Fraud Pen. Code § 261(a)(5) - CALCRIM 1005
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant had sexual intercourse with a woman;
He and the woman were not married to each other at the time of the intercourse;
The woman submitted to the intercourse because she believed the defendant was her husband; AND
The defendant tricked her, lied to her, used an artifice or pretense, or concealed information from her, intending to make her believe they were married to each other.
Sexual intercourse means any penetration, no matter how slight, of the vagina or genitalia by the penis. Ejaculation is not required.

58. Unlawful Sexual Intercourse: Defendant 21 or Older Pen. Code § 261
Unlawful Sexual Intercourse: Defendant 21 or Older Pen. Code § 261.5(a), (d) - CALCRIM 1070
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant had sexual intercourse with another person;
The defendant and the other person were not married to each other at the time of the intercourse;
The defendant was at least 21 years old at the time of the intercourse; AND
The other person was under the age of 16 years at the time of the intercourse.
Sexual intercourse means any penetration, no matter how slight, of the vagina or genitalia by the penis. [Ejaculation is not required.]

59. Unlawful Sexual Intercourse: Minor More than Three Years Younger Pen
Unlawful Sexual Intercourse: Minor More than Three Years Younger Pen. Code § 261.5(a), (c) - CALCRIM 1071
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant had sexual intercourse with another person;
The defendant and the other person were not married to each other at the time of the intercourse; AND
At the time of the intercourse, the other person was under the age of 18 and more than three years younger than the defendant.
Sexual intercourse means any penetration, no matter how slight, of the vagina or genitalia by the penis. [Ejaculation is not required.]

60. Misdemeanor Unlawful Sexual Intercourse: Minor Within Three Years of Defendant’s Age Pen. Code § 261.5(a), (b) - CALCRIM 1072
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant had sexual intercourse with another person;
The defendant and the other person were not married to each other at the time of the intercourse; AND
At the time of the intercourse, the other person was under the age of 18 but not more than three years younger/older than the defendant.
Sexual intercourse means any penetration, no matter how slight, of the vagina or genitalia by the penis. [Ejaculation is not required.]

61. Oral Copulation by Force, Fear, or Threats Pen
Oral Copulation by Force, Fear, or Threats Pen. Code § 288a(c)(2) & (3), (k) - CALCRIM 1015
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant committed an act of oral copulation with someone else;
The other person did not consent to the act; AND
The defendant accomplished the act by
[force, violence, duress, menace, or fear of immediate and unlawful bodily injury to someone.] OR
[threatening to retaliate against someone when there was a reasonable possibility that the threat would be carried out.] OR
[threatening to use the authority of a public office to incarcerate, arrest, or deport someone.]

62. Oral Copulation: Definitions Pen. Code § 288a - CALCRIM 1015
Oral copulation is any contact, no matter how slight, between the mouth of one person and the sexual organ or anus of another person. Penetration is not required.
An act is accomplished by force if a person uses enough physical force to overcome the other person's will
Duress means a direct or implied threat of force, violence, danger, hardship, or retribution that causes a reasonable person to do something that he or she would not otherwise do.
Menace means a threat, statement, or act showing an intent to injure someone
An act is accomplished by fear if the other person is actually and reasonably afraid [or he/she is actually but unreasonably afraid and the defendant knows of his/her fear and takes advantage of it
A threat to retaliate is a threat to kidnap, falsely imprison, or inflict extreme pain, serious bodily injury, or death.

63. Oral Copulation: Consent Pen. Code § 288a - CALCRIM 1015
In order to consent, a person must act freely and voluntarily and know the nature of the act.
Evidence that the defendant and the person dated/were married/had been married is not enough by itself to constitute consent.
Evidence that the person requested/suggested/communicated that the defendant use a condom or other birth control device is not enough by itself to constitute consent.

64. Oral Copulation of an Intoxicated Person Pen
Oral Copulation of an Intoxicated Person Pen. Code § 288a(i) - CALCRIM 1017
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant committed an act of oral copulation with another person;
An intoxicating/anesthetic/controlled substance prevented the other person from resisting; AND
The defendant knew or reasonably should have known that the effect of an intoxicating/anesthetic/controlled substance prevented the other person from resisting.
Oral copulation is any contact, no matter how slight, between the mouth of one person and the sexual organ or anus of another person. Penetration is not required.
A person is prevented from resisting if he or she is so intoxicated that he or she cannot give legal consent.

65. Oral Copulation of an Unconscious Person Pen
Oral Copulation of an Unconscious Person Pen. Code § 288a(f) - CALCRIM 1018
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant committed an act of oral copulation with another person;
The other person was unable to resist because he/she was unconscious of the nature of the act; AND
The defendant knew that the other person was unable to resist because he/she was unconscious of the nature of the act.
Oral copulation is any contact, no matter how slight, between the mouth of one person and the sexual organ or anus of another person. Penetration is not required.

66. Oral Copulation of a Disabled Person Pen. Code § 288a(g) - CALCRIM 1019
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant committed an act of oral copulation with another person;
The other person had a mental disorder/developmental or physical disability that prevented him/her from legally consenting; AND
The defendant knew or reasonably should have known that the other person had a mental disorder/developmental or physical disability that prevented him/her from legally consenting.
Oral copulation is any contact, no matter how slight, between the mouth of one person and the sexual organ or anus of another person. Penetration is not required.
A person is prevented from legally consenting if he or she is unable to understand the act, its nature, and possible consequences.

67. Oral Copulation by Fraud Pen. Code § 288a(j) - CALCRIM 1021
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant committed an act of oral copulation with another person;
The other person submitted to the oral copulation because he/she believed the person was his/her spouse; AND
The defendant tricked, lied, used an artifice or pretense, or concealed information, intending to make the other person believe they were married to each other.
Oral copulation is any contact, no matter how slight, between the mouth of one person and the sexual organ or anus of another person. Penetration is not required.

68. Oral Copulation with Person Under 14 Pen
Oral Copulation with Person Under 14 Pen. Code § 288a(c)(1) - CALCRIM 1080
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant participated in an act of oral copulation with another person; AND
At the time of the act, the other person was under the age of 14 and was at least 10 years younger than the defendant.
Oral copulation is any contact, no matter how slight, between the mouth of one person and the sexual organ or anus of another person. Penetration is not required.

69. Oral Copulation with Minor: Defendant 21 or Older Pen
Oral Copulation with Minor: Defendant 21 or Older Pen. Code § 288a(b)(2) - CALCRIM 1081
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant participated in an act of oral copulation with another person;
The defendant was at least 21 years old at the time of the act; AND
The other person was under the age of 16 years at the time of the act.
Oral copulation is any contact, no matter how slight, between the mouth of one person and the sexual organ or anus of another person. Penetration is not required.

70. Oral Copulation with Person Under 18 Pen
Oral Copulation with Person Under 18 Pen. Code § 288a(b)(1) - CALCRIM 1082
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant participated in an act of oral copulation with another person; AND
The other person was under the age of 18 when the act was committed.
Oral copulation is any contact, no matter how slight, between the mouth of one person and the sexual organ or anus of another person. Penetration is not required.

71. Sodomy by Force, Fear, or Threats Pen
Sodomy by Force, Fear, or Threats Pen. Code § 286a(c)(2) & (3), (k) - CALCRIM 1030
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant committed an act of sodomy with another person;
The other person did not consent to the act; AND
The defendant accomplished the act by
[force, violence, duress, menace, or fear of immediate and unlawful bodily injury to someone.] OR
[threatening to retaliate against someone when there was a reasonable possibility that the threat would be carried out.] OR
[threatening to use the authority of a public office to incarcerate, arrest, or deport someone.]

72. Sodomy: Definitions Pen. Code § 286 - CALCRIM 1030
Sodomy is any penetration, no matter how slight, of the anus of one person by the penis of another person. Ejaculation is not required.
An act is accomplished by force if a person uses enough physical force to overcome the other person's will
Duress means a direct or implied threat of force, violence, danger, hardship, or retribution that causes a reasonable person to do something that he or she would not otherwise do.
Menace means a threat, statement, or act showing an intent to injure someone
An act is accomplished by fear if the other person is actually and reasonably afraid [or he/she is actually but unreasonably afraid and the defendant knows of his/her fear and takes advantage of it
A threat to retaliate is a threat to kidnap, falsely imprison, or inflict extreme pain, serious bodily injury, or death.

73. Sodomy: Consent Pen. Code § 286 - CALCRIM 1030
In order to consent, a person must act freely and voluntarily and know the nature of the act.
Evidence that the defendant and the person dated/were married/had been married is not enough by itself to constitute consent.
Evidence that the person requested/suggested/ communicated that the defendant use a condom or other birth control device is not enough by itself to constitute consent.

74. Sodomy of an Intoxicated Person Pen. Code § 286(i) - CALCRIM 1032
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant committed an act of sodomy with another person;
The effect of a/an intoxicating/anesthetic/controlled substance prevented the other person from resisting; AND
The defendant knew or reasonably should have known that the effect of that substance prevented the other person from resisting.
Sodomy is any penetration, no matter how slight, of the anus of one person by the penis of another person. Ejaculation is not required.
A person is prevented from resisting if he or she is so intoxicated that he or she cannot give legal consent.

75. Sodomy of an Unconscious Person Pen. Code § 286(f) - CALCRIM 1033
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant committed an act of sodomy with another person;
The other person was unable to resist because he/she was unconscious of the nature of the act; AND
The defendant knew that the other person was unable to resist because he/she was unconscious of the nature of the act.
Sodomy is any penetration, no matter how slight, of the anus of one person by the penis of another person. Ejaculation is not required.

76. Sodomy of a Disabled Person Pen. Code § 286(g) - CALCRIM 1034
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant committed an act of sodomy with another person;
The other person had a mental disorder/developmental or physical disability that prevented him/her from legally consenting; AND
The defendant knew or reasonably should have known that the other person had a mental disorder/developmental or physical disability that prevented him/her from legally consenting.
Sodomy is any penetration, no matter how slight, of the anus of one person by the penis of another person. Ejaculation is not required.
A person is prevented from legally consenting if he or she is unable to understand the act, its nature, and possible consequences.

77. Sodomy by Fraud Pen. Code § 286(j) - CALCRIM 1036
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant committed an act of sodomy with another person;
The other person submitted to the sodomy because she/he believed the defendant was her/his spouse; AND
The defendant tricked, lied, used an artifice or pretense, or concealed information, intending to make the other person believe they were married to each other.
Sodomy is any penetration, no matter how slight, of the anus of one person by the penis of another person. Ejaculation is not required.

78. Sodomy with Person Under 14 Pen. Code § 286(c)(1) - CALCRIM 1090
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant participated in an act of sodomy with another person; AND
At the time of the act, the other person was under the age of 14 and was at least 10 years younger than the defendant.
Sodomy is any penetration, no matter how slight, of the anus of one person by the penis of another person. Ejaculation is not required.

79. Sodomy with Minor: Defendant 21 or Older Pen
Sodomy with Minor: Defendant 21 or Older Pen. Code § 286(b)(2) - CALCRIM 1091
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant participated in an act of sodomy with another person;
The defendant was at least 21 years old at the time of the act; AND
The other person was under the age of 16 years at the time of the act.
Sodomy is any penetration, no matter how slight, of the anus of one person by the penis of another person. Ejaculation is not required.

80. Sodomy with Person Under 18 Pen. Code § 286(b)(1) - CALCRIM 1082
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant participated in an act of sodomy with another person;
The other person was under the age of 18 when the act was committed.
Sodomy is any penetration, no matter how slight, of the anus of one person by the penis of another person. Ejaculation is not required.

81. Sexual Penetration by Force, Fear, or Threats Pen
Sexual Penetration by Force, Fear, or Threats Pen. Code § 289(a)(1) & (2), (g) - CALCRIM 1045
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant committed an act of sexual penetration with another person;
The penetration was accomplished by using a/an foreign object/ or substance/ or instrument/ or device/ or unknown object;
The other person did not consent to the act; AND
The defendant accomplished the act:
[by force, violence, duress, menace, or fear of immediate and unlawful bodily injury to another person.] OR
[by threatening to retaliate against someone when there was a reasonable possibility that the defendant would carry out the threat.] OR
[by threatening to use the authority of a public office to incarcerate, arrest, or deport someone.]

82. Force, Fear, or Threats: Definitions Pen. Code § 289 - CALCRIM 1045
An act is accomplished by force if a person uses enough physical force to overcome the other person's will
Duress means a direct or implied threat of force, violence, danger, hardship, or retribution that causes a reasonable person to do something that he or she would not otherwise do.
Menace means a threat, statement, or act showing an intent to injure someone
An act is accomplished by fear if the other person is actually and reasonably afraid [or he/she is actually but unreasonably afraid and the defendant knows of his/her fear and takes advantage of it
A threat to retaliate is a threat to kidnap, falsely imprison, or inflict extreme pain, serious bodily injury, or death.

83. Sexual Penetration of an Intoxicated Person Pen
Sexual Penetration of an Intoxicated Person Pen. Code § 289(e) - CALCRIM 1047
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant committed an act of sexual penetration with another person;
The penetration was accomplished by using a/an foreign object/ [or] substance/ [or] instrument/ [or] device/ [or] unknown object;
The effect of a/an intoxicating/anesthetic/controlled substance prevented the other person from resisting the act; AND
The defendant knew or reasonably should have known that the effect of that substance prevented the other person from resisting the act.
A person is prevented from resisting if he or she is so intoxicated that he or she cannot give legal consent.

84. Sexual Penetration of an Unconscious Person Pen
Sexual Penetration of an Unconscious Person Pen. Code § 289(d) - CALCRIM 1048
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant committed an act of sexual penetration with another person;
The penetration was accomplished by using a/an foreign object/ [or] substance/ [or] instrument/ [or] device/ [or] unknown object;
The other person was unable to resist because he/she was unconscious of the nature of the act; AND
The defendant knew that the other person was unable to resist because he/she was unconscious of the nature of the act.

85. Sexual Penetration of a Disabled Person Pen
Sexual Penetration of a Disabled Person Pen. Code § 289(b) - CALCRIM 1049
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant committed an act of sexual penetration with another person;
The penetration was accomplished by using a/an foreign object/ [or] substance/ [or] instrument/ [or] device/ [or] unknown object;
The other person had a mental disorder/developmental or physical disability that prevented him/her from legally consenting; AND
The defendant knew or reasonably should have known that the other person had a mental disorder/developmental or physical disability that prevented him/her from legally consenting.
A person is prevented from legally consenting if he or she is unable to understand the act, its nature, and possible consequences.

86. Sexual Penetration by Fraud Pen. Code § 289(f) - CALCRIM 1051
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant committed an act of sexual penetration with another person;
At the time of the act, the defendant and the other person were not married to each other;
The penetration was accomplished by using a/an foreign object/ [or] substance/ [or] instrument/ [or] device/ [or] unknown object;
The other person submitted to the act because he/she believed the person committing the act/causing the act to be committed was his/her spouse; AND
The defendant tricked, lied, used an artifice or pretense, or concealed information, intending to make the other person believe they were married to each other.

87. Sexual Penetration with Person Under 14 Pen
Sexual Penetration with Person Under 14 Pen. Code § 289(j) - CALCRIM 1100
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant participated an act of sexual penetration with another person;
The penetration was accomplished by using a/an foreign object/ [or] substance/ [or] instrument/ [or] device/ [or] unknown object;
At the time of the act, the other person was under the age of 14 and was at least 10 years younger than the defendant.

88. Sexual Penetration with Minor: Defendant 21 or Older Pen
Sexual Penetration with Minor: Defendant 21 or Older Pen. Code § 289(i) - CALCRIM 1101
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant participated an act of sexual penetration with another person;
The penetration was accomplished by using a/an foreign object/ [or] substance/ [or] instrument/ [or] device/ [or] unknown object;
The defendant was at least 21 years old at the time of the act; AND
The other person was under the age of 16 years at the time of the act.

89. Sexual Penetration with Person Under 18 Pen
Sexual Penetration with Person Under 18 Pen. Code § 289(h) - CALCRIM 1102
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant participated an act of sexual penetration with another person;
The penetration was accomplished by using a/an foreign object/ [or] substance/ [or] instrument/ [or] device/ [or] unknown object;
The other person was under the age of 18 when the act was committed.

90. Sexual Penetration: Definitions Pen
Sexual Penetration: Definitions Pen. Code § CALCRIM ,
Sexual penetration means penetration, however slight, of the genital or anal opening of the other person/ [or] causing the other person to penetrate, however slightly, the defendant's or someone else's genital or anal opening/ [or] causing the other person to penetrate, however slightly, his or her own genital or anal opening for the purpose of sexual abuse, arousal, or gratification.
An unknown object includes any foreign object, substance, instrument, or device, or any part of the body, including a penis, if it is not known what object penetrated the opening.
A foreign object, substance, instrument, or device includes any part of the body except a sexual organ.
Penetration for sexual abuse means penetration for the purpose of causing pain, injury, or discomfort.

91. Sexual Penetration: Consent Pen. Code § 289 - CALCRIM 1045
In order to consent, a person must act freely and voluntarily and know the nature of the act.
Evidence that the defendant and the person dated/were married/had been married is not enough by itself to constitute consent.
Evidence that the person requested/suggested/ communicated that the defendant use a condom or other birth control device is not enough by itself to constitute consent.

92. Lewd or Lascivious Act: Child Under 14 Years Pen
Lewd or Lascivious Act: Child Under 14 Years Pen. Code § 288(a) - CALCRIM 1110
To prove that the defendant is guilty of this crime, the People must prove that:
<Alternative 1A—defendant touched child>
[The defendant willfully touched any part of a child's body either on the bare skin or through the clothing]; [OR]
<Alternative 1B—child touched defendant>
[The defendant willfully caused a child to touch his/her own body, the defendant's body, or the body of someone else, either on the bare skin or through the clothing];
The defendant committed the act with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of himself/herself or the child; AND
The child was under the age of 14 years at the time of the act.
Actually arousing, appealing to, or gratifying the lust, passions, or sexual desires of the perpetrator or the child is not required.

93. Lewd or Lascivious Act: By Force or Fear Pen
Lewd or Lascivious Act: By Force or Fear Pen. Code § 288(b)(1) - CALCRIM 1111
To prove that the defendant is guilty of this crime, the People must prove that:
<Alternative 1A—defendant touched child>
[The defendant willfully touched any part of a child's body either on the bare skin or through the clothing]; [OR]
<Alternative 1B—child touched defendant>
[The defendant willfully caused a child to touch his/her own body, the defendant's body, or the body of someone else, either on the bare skin or through the clothing];
In committing the act, the defendant used force, violence, duress, menace, or fear of immediate and unlawful bodily injury to the child or someone else;
The defendant committed the act with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of himself/herself or the child; AND
The child was under the age of 14 years at the time of the act.

94. Lewd or Lascivious Act: Child 14 or 15 Years Pen
Lewd or Lascivious Act: Child 14 or 15 Years Pen. Code § 288(c)(1) - CALCRIM 1112
To prove that the defendant is guilty of this crime, the People must prove that:
<Alternative 1A—defendant touched child>
[The defendant willfully touched any part of a child's body either on the bare skin or through the clothing]; [OR]
<Alternative 1B—child touched defendant>
[The defendant willfully caused a child to touch his/her own body, the defendant's body, or the body of someone else, either on the bare skin or through the clothing];
The defendant committed the act with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of himself/herself or the child; AND
The child was 14/15 years old at the time of the act; AND
When the defendant acted, the child was at least 10 years younger than the defendant.
The touching need not be done in a lewd or sexual manner.

95. Lewd or Lascivious Act: Dependent Person Pen
Lewd or Lascivious Act: Dependent Person Pen. Code § 288(b)(2) & (c)(2) - CALCRIM 1060
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant was a caretaker of a dependent person;
The defendant, while serving as a caretaker, willfully committed/conspired to commit/aided and abetted/ facilitated a lewd or lascivious act on that person; AND
The defendant committed/conspired to commit/aided and abetted/facilitated the act with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of himself/herself or the dependent person;
When instructing on force or violence
[AND In committing/conspiring to commit/aiding and abetting/ facilitating the act, the defendant used force, violence, duress, menace, or fear of immediate and unlawful bodily injury to the dependent person or someone else.]

96. Lewd or Lascivious Acts: Definitions Pen
Lewd or Lascivious Acts: Definitions Pen. Code § CALCRIM , 1060
A lewd or lascivious act is any touching of a person with the intent to sexually arouse the perpetrator or the other person.
Actually arousing, appealing to, or gratifying the lust, passions, or sexual desires of the perpetrator or the child is not required.
Duress means the use of a direct or implied threat of force, violence, danger, hardship, or retribution sufficient to cause a reasonable person to do something that he or she would not otherwise do.
Menace means a threat, statement, or act showing an intent to injure someone.
An act is accomplished by fear if the child is actually and reasonably afraid [or he/she is actually but unreasonably afraid and the defendant knows of his/her fear and takes advantage of it].

97. Pimping Pen. Code § 266(h) - CALCRIM 1150
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant knew that ________ was a prostitute; AND
[The money/proceeds that ________ earned as a prostitute supported defendant, in whole or in part;] OR
[Money that was loaned to/advanced to/charged against ________ by a person who kept/managed/was a prostitute at the house or other place where the prostitution occurred, supported the defendant in whole or in part;] OR
[The defendant asked for payment or received payment for soliciting prostitution customers for ________;]
When defendant is charged with pimping a minor:
[AND ________ was a minor over the age of 16 years/under the age of 16 years when he/she engaged in the prostitution.]

98. Pandering Pen. Code § 266(i) - CALCRIM 1151
To prove that the defendant is guilty of this crime, the People must prove that:
Alternatives
[The defendant persuaded/procured ________ to be a prostitute;]
[The defendant used promises/ threats/ violence/ [or] any device or scheme to cause/persuade/encourage/induce ________ to become a prostitute;]
[The defendant arranged/procured a position for ______ to be a prostitute in either a house of prostitution or any other place where prostitution is encouraged or allowed;]
[The defendant used promises/ threats/ violence/ [or] any device or scheme to cause/persuade/encourage/induce ________ to remain as a prostitute in a house of prostitution or any other place where prostitution is encouraged or allowed;]

99. Pandering Pen. Code § 266(i) - CALCRIM 1151
To prove that the defendant is guilty of this crime, the People must prove that:
Alternatives Continued
[The defendant used fraud, trickery, or duress [or abused a position of confidence or authority] to persuade/procure ________ to be a prostitute/enter any place where prostitution is encouraged or allowed/ enter or leave California for the purpose of prostitution;]
[The defendant received/gave/agreed to receive/agreed to give money or something of value in exchange for persuading/attempting to persuade/procuring/attempting to procure ________ to be a prostitute/enter or leave California for the purpose of prostitution;]
AND
The defendant intended to influence ______ to be a prostitute;
When defendant is charged with pandering a minor:
[AND ________ was over the age of 16 years old/under the age of 16 at the time the defendant acted.]

100. Prostitution: Soliciting Another Pen. Code § 647(b) - CALCRIM 1154
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant requested [or ________ <synonym for “solicit”>] that another person engage in an act of prostitution; AND
The defendant intended to engage in an act of prostitution with the other person;
If the person solicited must receive message:
[AND The other person received the communication containing the request.]

101. Indecent Exposure Pen. Code § 314- CALCRIM 1160
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant willfully exposed his/her genitals in the presence of another person or persons who might be offended or annoyed by the defendant's actions; AND
When the defendant exposed himself/herself, he/she acted lewdly by intending to direct public attention to his/her genitals for the purpose of sexually arousing or gratifying himself/herself or another person, or sexually offending another person;
If defendant is charged with entering an inhabited dwelling:
[AND The willful and lewd exposure occurred after the defendant had entered an inhabited dwelling house/part of a building/trailer coach without consent.]
It is not required that another person actually see the exposed genitals.

102. Failure to Register as Sex Offender Pen. Code § 290(b) - CALCRIM 1170
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant was previously convicted of/found to have committed ______ ;
The defendant resided in ______ , California/in an unincorporated area or a city with no police department in ____ County, California /on the campus or in the facilities of _______ in California;
The defendant actually knew he/she had a duty under Penal Code section 290 to register as a sex offender living at ______ and that he/she had to register within five working days of ________ ; AND
[The defendant willfully failed to register as a sex offender with the police chief of that city/sheriff of that county/the police chief of that campus or its facilities within five working days of coming into/ [or] changing his/her residence within that city/county/ campus.] OR
[The defendant willfully failed to annually update his/her registration as a sex offender with the police chief of that city/sheriff of that county/the police chief of that campus within five working days of his/her birthday.]

103. Kidnapping Pen. Code § 207 - CALCRIM 1215
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant took, held, or detained another person by using force or by instilling reasonable fear;
Using that force or fear, the defendant moved the other person [or made the other person move] a substantial distance; AND
The other person did not consent to the movement;
When instructing on reasonable belief in consent:
[AND The defendant did not actually and reasonably believe that the other person consented to the movement.]
In order to consent, a person must act freely and voluntarily and know the nature of the act.
Substantial distance means more than a slight or trivial distance. In deciding whether the distance was substantial, you must consider all the circumstances relating to the movement.

104. Kidnapping: For Robbery, Rape, or Other Sex Offenses Pen
Kidnapping: For Robbery, Rape, or Other Sex Offenses Pen. Code § 209(b) - CALCRIM 1203
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant intended to commit robbery/ [or] rape/ [or] spousal rape/ [or] oral copulation/ [or] sodomy/ [or] sexual penetration/ [or] _______;
Acting with that intent, the defendant took, held, or detained another person by using force or by instilling a reasonable fear;
Using that force or fear, the defendant moved the other person [or made the other person move] a substantial distance;
The other person was moved or made to move a distance beyond that merely incidental to the commission of a robbery/ [or] rape/ [or] spousal rape/ [or] oral copulation/ [or] sodomy/ [or] sexual penetration/ [or] ____ ;
When that movement began, the defendant already intended to commit robbery/ [or] rape/ [or] spousal rape/ [or] oral copulation/ [or] sodomy/ [or] sexual penetration/ [or] ______; AND
The other person did not consent to the movement;
If instructing on reasonable belief in consent:
[AND The defendant did not actually and reasonably believe that the other person consented to the movement.]

105. Kidnapping: For Robbery, Rape, or Other Sex Offenses - Explanations Pen. Code § 209(b) - CALCRIM 1203
In order to consent, a person must act freely and voluntarily and know the nature of the act.
As used here, substantial distance means more than a slight or trivial distance. The movement must have increased the risk of [physical or psychological] harm to the person beyond that necessarily present in the robbery/ [or] rape/ [or] spousal rape/ [or] oral copulation/ [or] sodomy/ [or] sexual penetration/ [or] _______. In deciding whether the movement was sufficient, consider all the circumstances relating to the movement.
To be guilty of kidnapping for the purpose of robbery/ [or] rape/ [or] spousal rape/ [or] oral copulation/ [or] sodomy/ [or] sexual penetration, the defendant does not actually have to commit the robbery/ [or] rape/ [or] spousal rape/ [or] oral copulation/ [or] sodomy/ [or] sexual penetration/ [or] ___________.

106. Felony False Imprisonment Pen. Code § 236 - CALCRIM 1240
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant intentionally and unlawfully restrained/ [or] confined/ [or] detained someone or caused that person to be restrained/ [or] confined/ [or] detained by violence or menace; AND
The defendant made the other person stay or go somewhere against that person's will.
Menace means a verbal or physical threat of harm [including use of a deadly weapon]. The threat of harm may be express or implied.
An act is done against a person's will if that person does not consent to the act. In order to consent, a person must act freely and voluntarily and know the nature of the act.
False imprisonment does not require that the person restrained be confined in jail or prison.

107. Criminal Threat Pen. Code § 422 - CALCRIM 1300
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant willfully threatened to unlawfully kill or unlawfully cause great bodily injury to _______ ;
The defendant made the threat orally/in writing/by electronic communication device;
The defendant intended that his/her statement be understood as a threat and intended that it be communicated to _______ ;
The threat was so clear, immediate, unconditional, and specific that it communicated to _______ a serious intention and the immediate prospect that the threat would be carried out;
The threat actually caused ______ to be in sustained fear for his/her own safety or for the safety of his/her immediate family; AND
________ ‘s fear was reasonable under the circumstances.

108. Stalking Pen. Code § 646.9(a), (e-h) - CALCRIM 1301
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant willfully and maliciously harassed or willfully, maliciously, and repeatedly followed another person; [AND]
The defendant made a credible threat with the intent to place the other person in reasonable fear for his/her safety [or for the safety of his/her immediate family];
If the defendant is charged with stalking in violation of a court order:
[AND a/an temporary restraining order/injunction/ _______ prohibiting the defendant from engaging in this conduct against the threatened person was in effect at the time of the conduct.]

109. Stalking: Definitions Pen. Code § 646.9(a), (e-h) - CALCRIM 1301
A credible threat is one that causes the target of the threat to reasonably fear for his or her safety [or for the safety of his or her immediate family] and one that the maker of the threat appears to be able to carry out.
A credible threat may be made orally, in writing, or electronically or may be implied by a pattern of conduct or a combination of statements and conduct.
Harassing means engaging in a knowing and willful course of conduct directed at a specific person that seriously annoys, alarms, torments, or terrorizes the person and that serves no legitimate purpose.
A course of conduct means two or more acts occurring over a period of time, however short, demonstrating a continuous purpose.

110. Hate Crime by Force Pen. Code § 422.6(a) - CALCRIM 1350
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant used force to willfully interfere with, or injure, intimidate, or oppress, another person's free exercise or enjoyment of the right or privilege to ________ established by the law or Constitution of California or the United States;
The defendant did so in whole or in part because of the other person's actual or perceived disability/ [or] gender/ [or] nationality/ [or] race or ethnicity/ [or] religion/ [or] sexual orientation/ [or] association with a person or group having this/one or more of these actual or perceived characteristic[s]; AND
The defendant intended to interfere with the other person's legally protected right or privilege.

111. Hate Crime by Threat Pen. Code § 422.6(a) and (c) - CALCRIM 1351
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant threatened physical violence against a specific person or a specific group of people;
The threat would have caused a reasonable person to be afraid because the defendant appeared able to carry out the threat;
The defendant used the threat to willfully interfere with, or injure, intimidate, or oppress, another person's free exercise or enjoyment of the right or privilege to _______, established by the law or Constitution of California or the United States;
The defendant did so in whole or in part because of the other person's actual or perceived disability/ [or] gender/ [or] nationality/ [or] race or ethnicity/ [or] religion/ [or] sexual orientation/ [or] association with a person or group having this/one or more of these actual or perceived characteristic[s]; AND
The defendant intended to interfere with the other person's legally protected right or privilege.

112. Hate Crime by Damaging Property Pen. Code § 422.6(b) - CALCRIM 1352
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant defaced/ [or] damaged/ [or] destroyed real/ [or] personal property owned/ [or] used/ [or] possessed/ [or] occupied by another person;
The defendant knew that he/she was defacing/ [or] damaging/ [or] destroying property that was owned/ [or] used/ [or] possessed/ [or] occupied by that person;
The defendant did so for the purpose of interfering with or intimidating that person's free exercise or enjoyment of the right or privilege to ________, established by the law or Constitution of California or the United States;
The defendant did so in whole or in part because of the other person's actual or perceived disability/ [or] gender/ [or] nationality/ [or] race or ethnicity/ [or] religion/ [or] sexual orientation/ [or] association with a person or group having this/one or more of these actual or perceived characteristic[s]; AND
The defendant intended to interfere with the other person's legally protected right or privilege.

113. Hate Crimes: In whole or In Part Because of Pen. Code § 422
Hate Crimes: In whole or In Part Because of Pen. Code § CALCRIM
The defendant acted in whole or in part because of the actual or perceived characteristic[s] of the other person if:
The defendant was biased against the other person based on the other person's actual or perceived disability/ [or] gender/ [or] nationality/ [or] race or ethnicity/ [or] religion/ [or] sexual orientation/ [or] association with a person or group having this/one or more of these actual or perceived characteristic[s]; AND
The bias motivation caused the defendant to commit the alleged acts.
If you find that the defendant had more than one reason to commit the alleged acts, the bias described here must have been a substantial motivating factor. A substantial factor is more than a trivial or remote factor. However, it does not need to be the only factor that motivated the conduct.

114. Simple Arson Pen. Code § 451(b) - CALCRIM 1515
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant set fire to or burned [or counseled/ [or] helped/ [or] caused the burning of] a structure/forest land/property; AND
He/She acted willfully and maliciously.

115. Arson: Great Bodily Injury Pen. Code § 451 - CALCRIM 1501
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant set fire to or burned [or counseled/ [or] helped/ [or] caused the burning of] a structure/forest land/property;
He/She acted willfully and maliciously; AND
The fire caused great bodily injury to another person.

116. Arson: Inhabited Structure Pen. Code § 451(b) - CALCRIM 1502
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant set fire to or burned [or counseled/ [or] helped/ [or] caused the burning of] a structure/forest land/property;
He/She acted willfully and maliciously; AND
The fire burned an inhabited structure.

117. Unlawfully Causing Fire Pen. Code § 452 - CALCRIM 1532
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant set fire to, [or] burned, [or caused the burning of] a structure/forest land/property; AND
The defendant did so recklessly.

118. Unlawfully Causing Fire: Great Bodily Injury Pen
Unlawfully Causing Fire: Great Bodily Injury Pen. Code § CALCRIM 1530
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant set fire to, [or] burned, [or caused the burning of] a structure/forest land/property;
The defendant did so recklessly; AND
The fire caused great bodily injury to another person.

119. Unlawfully Causing Fire: Inhabited Structure Pen
Unlawfully Causing Fire: Inhabited Structure Pen. Code § CALCRIM 1531
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant set fire to, [or] burned, [or caused the burning of] a structure/forest land/property;
The defendant did so recklessly; AND
The fire burned an inhabited structure.

120. Unlawfully Causing Fire: Recklessness Defined Pen
Unlawfully Causing Fire: Recklessness Defined Pen. Code § CALCRIM
<Alternative A—Recklessness: General Definition>
A person acts recklessly when:
(1) he or she is aware that his or her actions present a substantial and unjustifiable risk of causing a fire,
(2) he or she ignores that risk, and
(3) ignoring the risk is a gross deviation from what a reasonable person would have done in the same situation.
<Alternative B—Recklessness: Voluntary Intoxication>
(1) he or she does an act that presents a substantial and unjustifiable risk of causing a fire but
(2) he or she is unaware of the risk because he or she is voluntarily intoxicated. Intoxication is voluntary if the person willingly used any intoxicating drink, drug, or other substance knowing that it could produce an intoxicating effect.

121. Robbery Pen. Code § 211- CALCRIM 1600
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant took property that was not his/her own;
The property was taken from another person's possession and immediate presence;
The property was taken against that person's will;
The defendant used force or fear to take the property or to prevent the person from resisting; AND
When the defendant used force or fear to take the property, he/she intended to deprive the owner of it permanently/ [or] to remove it from the owner's possession for so extended a period of time that the owner would be deprived of a major portion of the value or enjoyment of the property.

122. Robbery in Concert Pen. Code § 213(a)(1)(A) - CALCRIM 1601
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant personally committed or aided and abetted a robbery;
When he/she did so, the defendant voluntarily acted with two or more other people who also committed or aided and abetted the commission of the robbery; AND
The robbery was committed in an inhabited dwelling/vessel/floating home/trailer coach/part of a building.
See Aiding and Abetting

123. Robbery: Degrees Pen. Code § 211, 212.5 - CALCRIM 1602
To prove that the defendant is guilty of first degree robbery, the People must prove that:
The robbery was committed in an inhabited dwelling/vessel /floating home/trailer coach/part of a building. A dwelling/ vessel/floating home/trailer coach/part of a building is inhabited if someone lives there and either is present or has left but intends to return.
The robbery was committed while the person robbed was using or had just used an ATM machine and was still near the machine.
The robbery was committed while the person robbed was performing his/her duties as the driver of or was a passenger on a/an bus/taxi/cable car/streetcar/trackless trolley/other transportation vehicle.
All other robberies are of the second degree.

124. Carjacking Pen. Code § 215- CALCRIM 1650
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant took a motor vehicle that was not his/her own;
The vehicle was taken from the immediate presence of a person who possessed the vehicle or was its passenger;
The vehicle was taken against that person's will;
The defendant used force or fear to take the vehicle or to prevent that person from resisting; AND
When the defendant used force or fear to take the vehicle, he/she intended to deprive the other person of possession of the vehicle either temporarily or permanently.

125. Burglary Pen. Code § 459 - CALCRIM 1700
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant entered a/an building/room within a building/locked vehicle/_______ ; AND
When he/she entered a/an building/room within the building/locked vehicle/_______ , he/she intended to commit theft/ [or] _______ .
To decide whether the defendant intended to commit theft/ [or] _____ , please refer to the separate instructions that I will give/have given you on that/those crime[s].
The defendant does not need to have actually committed theft/ [or] ______ , as long as he/she entered with the intent to do so.

126. Burglary: Degrees Pen. Code § 459, 460 - CALCRIM 1701
If you conclude that the defendant committed a burglary, you must then decide the degree.
First degree burglary is the burglary of an inhabited house [or a room within an inhabited house]/ vessel/floating home/trailer coach/part of a building.
All other burglaries are second degree.
A house/vessel/floating home/trailer coach/part of a building is inhabited if someone uses it as a dwelling, whether or not someone is inside at the time of the alleged entry.

127. Receiving Stolen Property Pen. Code § 496(a) - CALCRIM 1750
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant bought/received/sold/aided in selling/concealed or withheld from its owner/aided in concealing or withholding from its owner property that had been stolen/obtained by extortion; AND
When the defendant bought/received/sold/aided in selling/concealed or withheld/aided in concealing or withholding the property, he/she knew that the property had been stolen/obtained by extortion;
When instructing on knowledge of presence of property:
[AND The defendant actually knew of the presence of the property.]
Property is obtained by extortion if: (1) the property was obtained from another person with that person’s consent, and (2) that person’s consent was obtained through the use of force or fear.

128. Theft by Larceny Pen. Code § 484, 487 & 488 - CALCRIM 1800
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant took possession of property owned by someone else;
The defendant took the property without the owner’s or owner’s agent’s consent;
When the defendant took the property, he/she intended to deprive the owner of it permanently/ [or] to remove it from the owner’s or owner’s agent’s possession for so extended a period of time that the owner would be deprived of a major portion of the value or enjoyment of the property; AND
The defendant moved the property, even a small distance, and kept it for any period of time, however brief.

129. Theft: Degree Pen. Code § 484, 487 & 488 - CALCRIM 1801
If you conclude that the defendant committed a theft, you must decide whether the crime was grand theft or petty theft.
Grand Theft:
The defendant committed grand theft if he/she stole property or services worth more than $950.
Theft of property from the person is grand theft, no matter how much the property is worth.
Theft of an automobile/a firearm is grand theft.
Theft is from the person if the property taken was in the clothing of, on the body of, or in a container held or carried by, that person.
Petty Theft:
All other theft is petty theft.
For petty theft, the property taken can be of any value, no matter how slight.

130. Theft by False Pretense Pen. Code § 484 - CALCRIM 1804 – (1 of 3)
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant knowingly and intentionally deceived a property owner or the owner’s agent by false or fraudulent representation or pretense;
The defendant did so intending to persuade the owner or the owner’s agent to let the defendant or another person take possession and ownership of the property; AND
The owner or the owner’s agent let the defendant or another person take possession and ownership of the property because the owner or the owner’s agent relied on the representation or pretense.
A false pretense is any act, word, symbol, or token the purpose of which is to deceive.

131. Theft by False Pretense Pen. Code § 484 - CALCRIM 1804 – (2 of 3)
Someone makes a false pretense if, intending to deceive, he or she does one or more of the following:
Gives information he or she knows is false; OR
Makes a misrepresentation recklessly without information that justifies a reasonable belief in its truth; OR
Does not give information when he or she has an obligation to do so; OR
Makes a promise not intending to do what he or she promises.

132. Theft by False Pretense Pen. Code § 484 - CALCRIM 1804 – (3 of 3)
You may not find the defendant guilty of this crime unless the People have proved that:
The false pretense was accompanied by either a false writing or false token; OR
There was a note or memorandum of the pretense signed or handwritten by the defendant; OR
Testimony from two witnesses or testimony from a single witness along with other evidence supports the conclusion that the defendant made the pretense.
A false token is a document or object that is not authentic, but appears to be, and is used to deceive.

133. Theft by Trick Pen. Code § 484 - CALCRIM 1805
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant obtained property that he/she knew was owned by someone else;
The property owner or the owner’s agent consented to the defendant’s possession of the property because the defendant used fraud or deceit;
When the defendant obtained the property, he/she intended to deprive the owner of it permanently/ [or] to remove it from the owner’s or owner’s agent’s possession for so extended a period of time that the owner would be deprived of a major portion of the value or enjoyment of the property;
The defendant kept the property for any length of time; AND
The owner or the owner’s agent did not intend to transfer ownership of the property.

134. Theft by Embezzlement Pen. Code § 484, 503 - CALCRIM 1806
To prove that the defendant is guilty of this crime, the People must prove that:
An owner or the owner’s agent entrusted his/her property to the defendant;
The owner or owner’s agent did so because he/she trusted the defendant;
The defendant fraudulently converted/used that property for his/her own benefit; AND
When the defendant converted/used the property, he/she intended to deprive the owner of it/its use.
A person acts fraudulently when he or she takes undue advantage of another person or causes a loss to that person by breaching a duty, trust or confidence.

135. Theft from Elder or Dependent Adult Pen
Theft from Elder or Dependent Adult Pen. Code § 368(d), (e) - CALCRIM 1807
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant committed theft/ embezzlement/ forgery/ fraud/ [or] identity theft;
The property taken/ [or] personal identifying information used was owned by/that of an elder/a dependent adult;
Where the value is over $950:
[The property, goods, or services obtained was worth more than $950;] AND
<Alternative 4A>
The defendant knew or reasonably should have known that the owner of the property/person to whom the identifying information belonged was an elder/a dependent adult. [OR]
<Alternative 4B>
The defendant was a caretaker of the elder/dependent adult.

136. Theft from Elder or Dependent Adult: Definitions Pen
Theft from Elder or Dependent Adult: Definitions Pen. Code § 368(d), (e) - CALCRIM 1807
An elder is someone who is at least 65 years old.
A dependent adult is someone who is between 18 and 64 years old and has physical or mental limitations that restrict his or her ability to carry out normal activities or to protect his or her rights.
A caretaker is someone who has the care, custody, or control of a/an elder/dependent adult, or is someone who stands in a position of trust with a/an elder/dependent adult.

137. Unlawful Taking or Driving of Vehicle Veh. Code § 10851 - CALCRIM 1820
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant took or drove someone else's vehicle without the owner's consent; AND
When the defendant did so, he/she intended to deprive the owner of possession or ownership of the vehicle for any period of time.
A taking requires that the vehicle be moved for any distance, no matter how small

138. Tampering With a Vehicle Veh. Code § 10852 - CALCRIM 1821
To prove that the defendant is guilty of this crime, the People must prove that:
<Alternative 1A—damaged or tampered with>
The defendant willfully damaged/ [or] tampered with someone else's vehicle or the contents of that vehicle;
<Alternative 1B—broke or removed part of>
The defendant willfully broke/ [or] removed part of someone else's vehicle; AND
The defendant did not have the owner's consent to do that act
When instructing on “in association with” others:
[AND The defendant acted in association with one or more other persons.]

139. Extortion by Threat or Force Pen. Code § 518 - CALCRIM 1830
To prove that the defendant is guilty of this crime, the People must prove that:
<Alternative 1A—threatened to injure or used force>
The defendant threatened to unlawfully injure/ [or] used force against another person or a third person/ [or] the property of another person or a third person;
<Alternative 1B—threatened to accuse of crime>
The defendant threatened to accuse another person, or that person’s relative or family member, of a crime;
<Alternative 1C—threatened to expose secret>
The defendant threatened to expose a secret about another person, or that person’s relative or family member, or to expose or connect him/her/any of them with a disgrace/ [or] crime/ [or] deformity;
When making the threat/ [or] using force, the defendant intended to use that fear/ [or] force to obtain the other person’s consent to give the defendant money or property/ [or] to do an official act;
As a result of the threat/ [or] use of force, the other person consented to give the defendant money or property/ [or] to do an official act; AND
As a result of the threat/ [or] use of force, the other person then gave the defendant money or property/ [or] did an official act.

140. Extortion by Threat or Force: Definitions Pen
Extortion by Threat or Force: Definitions Pen. Code § CALCRIM 1830
The term consent has a special meaning here. Consent for extortion can be coerced or unwilling, as long as it is given as a result of the wrongful use of force or fear.
The threat/use of force must be the controlling reason that the other person consented. If the person consented because of some other controlling reason, the defendant is not guilty of extortion.
A secret is a fact that:
Is unknown to the general public or to someone who might be interested in knowing the fact; AND
Harms the threatened person’s reputation or other interest so greatly that he or she would be likely to give the defendant money or property/[or] do an official act to prevent the fact from being revealed.

141. Forgery by False Signature Pen. Code § 470(a) - CALCRIM 1900
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant signed someone else's name/ [or] a false name to a/an ______ [from Pen. Code, § 470(d)];
The defendant did not have authority to sign that name;
The defendant knew that he/she did not have that authority; AND
When the defendant signed the document, he/she intended to defraud.
Someone intends to defraud if he or she intends to deceive another person either to cause a loss of money/ [or] goods/ [or] services/ [or] something else of value, or to cause damage to, a legal, financial, or property right.

142. Falsifying, Altering, or Counterfeiting a Driver's License Pen
Falsifying, Altering, or Counterfeiting a Driver's License Pen. Code § 470(a) - CALCRIM 1920
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant altered/ [or] falsified/ [or] forged/ [or] duplicated/ [or] reproduced/ [or] counterfeited a driver's license/ [or] government-issued identification card; AND
When the defendant did that act, he/she intended that the driver's license/ [or] identification card be used to help commit forgery.
Someone intends to commit forgery if he or she intends to use a forged, counterfeit, altered, falsified, duplicated, or reproduced document to deceive another person in order to cause a loss of, or damage to, a legal, financial, or property right.

143. Possessing or Displaying False, Altered, or Counterfeit Driver's License Pen. Code § 470(b) - CALCRIM 1921
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant possessed/ [or] displayed/ [or] caused [or permitted] to be displayed a driver's license/ [or] government-issued identification card;
The driver's license/ [or] government-issued identification card was altered/ [or] falsified/ [or] forged/ [or] duplicated/ [or] reproduced/ [or] counterfeited;
The defendant knew that the driver's license/ [or] government-issued identification card had been altered/ [or] falsified/ [or] forged/ [or] duplicated/ [or] reproduced/ [or] counterfeited; AND
When the defendant possessed/ [or] displayed/ [or] caused [or permitted] to be displayed the driver's license/ [or] government-issued identification card, he/she intended that the document be used to commit forgery.

144. Possession of Forged Document Pen. Code § 475(a) - CALCRIM 1930
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant possessed/ [or] received a/an forged/ [or] altered/ [or] counterfeit ______ from Pen. Code, § 470(d);
The defendant knew that the document was forged/ [or] altered/ [or] counterfeit;
The defendant intended to pass/ [or] use/ [or] aid the passage or use of the document as genuine; AND
When the defendant possessed/ [or] received the document, he/she intended to defraud
Someone intends to defraud if he or she intends to deceive another person either to cause a loss of money/ [or] goods/ [or] services/ [or] something else of value, or to cause damage to, a legal, financial, or property right.

145. Possession of Blank Check: With Intent to Defraud Pen
Possession of Blank Check: With Intent to Defraud Pen. Code § 475(b) - CALCRIM 1931
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant possessed a blank/ [or] unfinished check/ [or] note/ [or] money order/ [or] traveler's check/ [or] bank bill; AND
When the defendant possessed the document, he/she intended to pass/ [or] use/ [or] aid the passage or use of the document in order to defraud.
Someone intends to defraud if he or she intends to deceive another person either to cause a loss of money/ [or] goods/ [or] services/ [or] something else of value, or to cause damage to, a legal, financial, or property right.

146. Possession of Completed Check: With Intent to Defraud Pen
Possession of Completed Check: With Intent to Defraud Pen. Code § 475(c) - CALCRIM 1932
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant possessed a completed check/ [or] money order/ [or] traveler's check/ [or] warrant or county order; AND
When the defendant possessed the document, he/she intended to pass/ [or] use/ [or] aid the passage or use of the document in order to defraud.
Someone intends to defraud if he or she intends to deceive another person either to cause a loss of money/ [or] goods/ [or] services/ [or] something else of value, or to cause damage to, a legal, financial, or property right.

147. Making, Passing, etc. , Fictitious Check or Bill Pen
Making, Passing, etc., Fictitious Check or Bill Pen. Code § CALCRIM 1935
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant possessed/ [or] made/ [or] passed/ [or] used/ [or] attempted to pass or use a/an false/ [or] altered check/ [or] bill/ [or] note/ [or other] legal writing for the payment of money or property;
The defendant knew that the document was false/ [or] altered; AND
When the defendant possessed/ [or] made/ [or] passed/ [or] used/ [or] attempted to pass or use the document, he/she intended to defraud;
When possession is charged:
[AND] When the defendant possessed the document, he/she intended to pass or use the document as genuine.

148. Making, Using Check Knowing Funds Insufficient Pen
Making, Using Check Knowing Funds Insufficient Pen. Code § 476(a) - CALCRIM 1970
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant willfully made/ [or] drew/ [or] delivered/ [or] used/ [or] attempted to use a/an check/ [or] draft/ [or] order on a bank or depositary/ [or] person/ [or] firm/ [or] corporation for the payment of money;
The defendant acted for himself/herself/ [or] as an agent or representative of someone else/ [or] as an officer of a corporation;
When the defendant made/ [or] drew/ [or] delivered/ [or] used/ [or] attempted to use the check/ [or] draft/ [or] order, there were/was insufficient funds in/ [or] credit with the bank or depositary/ [or] person/ [or] firm/ [or] corporation to cover full payment of the check/ [or] draft/ [or] order and all other outstanding checks/ [or] drafts/ [or] orders on that account;
The defendant knew that there were/was insufficient funds/ [or] credit available in that account; AND
When the defendant made/ [or] drew/ [or] delivered/ [or] used/ [or] attempted to use the check/ [or] draft/ [or] order, he/she intended to defraud.

149. Making, Using Check Knowing Funds Insufficient Pen
Making, Using Check Knowing Funds Insufficient Pen. Code § 476(a) - CALCRIM 1970
Definitions and Additional Information:
A person makes or draws a/an check/ [or] draft/ [or] order when he or she writes it or causes it to be written and signs it to authorize payment.
A person uses/ [or] attempts to use a/an check/ [or] draft/ [or] order if he or she represents to someone that the instrument is genuine. The representation may be made by words or conduct and may be either direct or indirect.
It is not necessary that anyone actually be defrauded or actually suffer a financial, legal, or property loss as a result of the defendant’s acts.

150. Sale or Transfer of Access Card or Account Number Pen
Sale or Transfer of Access Card or Account Number Pen. Code § 484e(a) - CALCRIM 1950
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant sold/ [or] transferred/ [or] conveyed an access card;
The defendant did so without the consent of the cardholder or the issuer of the card; AND
When the defendant sold/ [or] transferred/ [or] conveyed the access card, he/she intended to defraud.
An access card is a card, plate, code, account number, or other means of account access that can be used, alone or with another access card, to obtain money/ [or] goods/ [or] services/ [or] anything of value, or that can be used to begin a transfer of funds[, other than a transfer originated solely by a paper document.
It is not necessary that anyone actually be defrauded or actually suffer a financial, legal, or property loss as a result of the defendant’s acts.

151. Acquiring or Retaining an Access Card or Account Number Pen
Acquiring or Retaining an Access Card or Account Number Pen. Code § 476e(c) - CALCRIM 1951
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant acquired/ [or] retained an access card;
The defendant did so without the consent of the cardholder or the issuer of the card; AND
When the defendant acquired/ [or] retained the access card, he/she intended to defraud by using it/ [or] selling or transferring it to someone other than the cardholder or issuer.
It is not necessary that anyone actually be defrauded or actually suffer a financial, legal, or property loss as a result of the defendant’s acts.

152. Acquiring or Retaining Account Information Pen
Acquiring or Retaining Account Information Pen. Code § 476e(d) - CALCRIM 1952
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant acquired/ [or] retained the account information of an access card that was validly issued to someone else;
The defendant did so without the consent of the cardholder or the issuer of the card; AND
When the defendant acquired/ [or] retained the account information, he/she intended to use that information fraudulently.
It is not necessary that anyone actually be defrauded or actually suffer a financial, legal, or property loss as a result of the defendant’s acts.

153. Making Counterfeit Access Card or Account Number Pen
Making Counterfeit Access Card or Account Number Pen. Code § 476f(a) - CALCRIM 1953
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant designed/ [or] made/ [or] altered/ [or] embossed a counterfeit access card; AND
When the defendant did that act, he/she intended to defraud.
A counterfeit access card is a counterfeit, fictitious, altered, or forged access card or a false representation or depiction of an access card or any part of such a card.
A person alters an access card if he or she adds to, erases, or changes a part of the card that affects a legal, financial, or property right.
It is not necessary that anyone actually be defrauded or actually suffer a financial, legal, or property loss as a result of the defendant’s acts.

154. Using or Attempting to Use Counterfeit Access Card Pen
Using or Attempting to Use Counterfeit Access Card Pen. Code § 476f(a) - CALCRIM 1954
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant used/ [or] attempted to use a counterfeit access card; AND
When the defendant did that act, he/she intended to defraud.
A counterfeit access card is a counterfeit, fictitious, altered, or forged access card or a false representation or depiction of an access card or any part of such a card.
A person uses/ [or] attempts to use a counterfeit access card if he or she represents to someone that the card is genuine. The representation may be made by words or conduct and may be either direct or indirect.
It is not necessary that anyone actually be defrauded or actually suffer a financial, legal, or property loss as a result of the defendant’s acts.

155. False Signature on Access Card or Receipt Pen
False Signature on Access Card or Receipt Pen. Code § 476f(b) - CALCRIM 1955
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant signed someone else’s name/ [or] a false name on an access card or a sales slip/ [or] sales draft/ [or] document for the payment of money to complete an access card transaction;
The defendant was not the cardholder and did not have the authority of the cardholder to sign that name;
The defendant knew that he/she did not have authority to sign that name; AND
When the defendant signed the name, he/she intended to defraud.
It is not necessary that anyone actually be defrauded or actually suffer a financial, legal, or property loss as a result of the defendant’s acts.

156. Obtaining Money, etc., by Representing Self as Holder of Access Card Pen. Code § 476g(a) - CALCRIM 1956
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant obtained money/ [or] goods/ [or] services/ [or] something else of value by representing that he/she was the holder of an access card;
The access card had not, in fact, been issued;
The defendant obtained money/ [or] goods/ [or] services/ [or] something else of value without the consent of the cardholder; AND
When the defendant obtained money/ [or] goods/ [or] services/ [or] something else of value, he/she intended to defraud.
It is not necessary that anyone actually be defrauded or actually suffer a financial, legal, or property loss as a result of the defendant’s acts.

157. Use of Forged, etc., Access Card Pen. Code § 476g(b) - CALCRIM 1957
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant used an access card/ [or] account information for an access card that had been altered/ [or] forged/ [or] expired/ [or] revoked/ [or] acquired or retained without permission of the cardholder or card issuer;
The defendant knew that the access card/ [or] account information had been altered/ [or] forged/ [or] expired/ [or] revoked/ [or] acquired or retained without permission of the cardholder or card issuer;
When the defendant used the card/ [or] information, he/she intended to obtain money, goods, services, or anything of value; AND
When the defendant used the card/ [or] information, he/she intended to defraud.
It is not necessary that anyone actually be defrauded or actually suffer a financial, legal, or property loss as a result of the defendant’s acts.

158. Insurance Fraud: Fraudulent Claims Pen
Insurance Fraud: Fraudulent Claims Pen. Code § 550(a)(1), (4-6) - CALCRIM 2000
To prove that the defendant is guilty of this crime, the People must prove that:
<Alternative 1A—presented fraudulent claim>
The defendant presented/ [or] caused to be presented a false or fraudulent claim for payment for a loss or injury;
<Alternative 1B—presented fraudulent claim for vehicle theft or damage>
The defendant falsely or fraudulently claimed payment for a loss due to theft/ [or] destruction/ [or] damage/ [or] conversion of a motor vehicle/ [or] a motor vehicle part/ [or] contents of a motor vehicle;
<Alternative 1C—writing to be used for fraudulent claim>
The defendant prepared/ [or] made/ [or] signed or subscribed a document with the intent to present or use it/ [or] allow it to be presented to support a false or fraudulent claim;
<Alternative 1D—made fraudulent claim for health-care benefits>
The defendant (made/ [or] caused to be made) a false or fraudulent claim for payment of a health-care benefit;

159. Insurance Fraud: Multiple Claims Pen
Insurance Fraud: Multiple Claims Pen. Code § 550(a)(2), (8) - CALCRIM 2001
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant presented two or more claims for the same loss/ [or] injury/payment of the same health-care benefit to the same/ [or] more than one insurer;
The defendant knew that he/she was submitting two or more claims for the same loss/ [or] injury/health-care benefit; AND
When the defendant presented the claims, he/she intended to defraud.
It is not necessary that anyone actually be defrauded or actually suffer a financial, legal, or property loss as a result of the defendant’s acts

160. Insurance Fraud: Destruction of Insured Property Pen
Insurance Fraud: Destruction of Insured Property Pen. Code § 548(a) - CALCRIM 2004
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant injured/ [or] destroyed/ [or] hid/ [or] abandoned/ [or] disposed of property that was insured against loss or damage from theft/ [or] embezzlement/ [or] any casualty other than fire; AND
When the defendant did that act, he/she intended to defraud/ [or] prejudice the insurer.
It is not necessary that anyone actually be defrauded or actually suffer a financial, legal, or property loss as a result of the defendant’s acts

161. Unauthorized Use of Personal Identifying Information Pen. Code § 530
Unauthorized Use of Personal Identifying Information Pen. Code § 530.5(a) - CALCRIM 2040
To prove that the defendant is guilty of this crime, the people must prove that:
The defendant willfully obtained someone else’s personal identifying information;
The defendant willfully used that information for an unlawful purpose; AND
The defendant used the information without the consent of the person whose identifying information he/she was using.
It is not necessary that anyone actually be defrauded or actually suffer a financial, legal, or property loss as a result of the defendant’s acts.

162. Fraudulent Possession of Personal Identifying Information Pen
Fraudulent Possession of Personal Identifying Information Pen. Code § 530.5(c)(1-3) - CALCRIM 2041
To prove that the defendant is guilty of this crime, the people must prove that:
The defendant acquired or kept the personal identifying information of another person/ten or more other persons; AND
The defendant did so with the intent to defraud another person;
If defendant is charged with a prior conviction and has not stipulated to it:
[AND] The defendant has a prior conviction for ________
It is not necessary that anyone actually be defrauded or actually suffer a financial, legal, or property loss as a result of the defendant’s acts.

163. Fraudulent Sale, Transfer or Conveyance of Personal Identifying Information Pen. Code § 530.5(d)(1) - CALCRIM 2042
To prove that the defendant is guilty of this crime, the people must prove that:
The defendant sold/ [or] transferred/ [or] conveyed the personal identifying information of another person; AND
The defendant did so with the intent to defraud.
It is not necessary that anyone actually be defrauded or actually suffer a financial, legal, or property loss as a result of the defendant’s acts.

164. Knowing Sale, Transfer, or Conveyance of Personal Identifying Information to Facilitate Its Unauthorized Use Pen. Code § 530.5(d)(2) - CALCRIM 2043
To prove that the defendant is guilty of this crime, the people must prove that:
The defendant sold/ [or] transferred/ [or] conveyed the personal identifying information of a specific person/ <victim name>; AND
When the defendant did so, he/she knew that the personal identifying information would be used to obtain or attempt to obtain credit/ [or] goods/ [or] services/ [or] real property/ [or] medical information [or] _______ without the consent of that specific person.
It is not necessary that anyone actually be defrauded or actually suffer a financial, legal, or property loss as a result of the defendant’s acts.

165. Identity Theft: Definitions Pen. Code § 530.5 - CALCRIM 2040-2043
Personal identifying information means ___________ [see Pen. Code § 530.55(b)], or an equivalent form of identification.
As used here, person means a human being, whether living or dead, or a firm, association, organization, partnership, business trust, company, corporation, limited liability company, public entity or any other legal entity.

166. Driving Under the Influence: Causing Injury Veh
Driving Under the Influence: Causing Injury Veh. Code § CALCRIM 2100
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant drove a vehicle/operated a vessel;
When he/she drove a vehicle/operated a vessel, the defendant was under the influence of an alcoholic beverage/ [or] a drug [or under the combined influence of an alcoholic beverage and a drug]
While driving a vehicle/operating a vessel under the influence, the defendant also committed an illegal act/ [or] neglected to perform a legal duty; AND
The defendant's illegal act/ [or] failure to perform a legal duty caused bodily injury to another person.

167. Driving Under the Influence Veh. Code § 23152(a) – CALCRIM 2110
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant drove a vehicle; AND
When he/she drove, the defendant was under the influence of an alcoholic beverage/ [or] a drug [or under the combined influence of an alcoholic beverage and a drug]
A person is under the influence if, as a result of drinking or consuming an alcoholic beverage/ [and/or] taking a drug, his or her mental or physical abilities are so impaired that he or she is no longer able to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances.

168. Driving With 0. 08 Percent Blood Alcohol Veh
Driving With 0.08 Percent Blood Alcohol Veh. Code § 23152(b) - CALCRIM 2111
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant drove a vehicle; AND
When he/she drove, the defendant's blood alcohol level was 0.08 percent or more by weight.
[If the People have proved beyond a reasonable doubt that a sample of the defendant's blood/breath was taken within three hours of the defendant's alleged driving and that a chemical analysis of the sample showed a blood alcohol level of 0.08 percent or more, you may, but are not required to, conclude that the defendant's blood alcohol level was 0.08 percent or more at the time of the alleged offense.]

169. Sale of Controlled Substance H&S §§ 11352, 11379 - CALCRIM 2300
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant sold/furnished/administered/gave away/transported/imported into California a controlled substance;
The defendant knew of its presence;
The defendant knew of the substance's nature or character as a controlled substance; AND
The controlled substance was __________
When instructing on usable amount:
[AND The controlled substance was in a usable amount.]

170. Offering to Sell a Controlled Substance H&S §§ 11352, 11379 - CALCRIM 2301
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant unlawfully offered to sell/furnish/administer/give away/transport/import into California ______ a controlled substance; AND
When the defendant made the offer, he/she intended to sell/furnish/administer/give away/transport/import the controlled substance.
The People do not need to prove that the defendant actually possessed the controlled substance

171. Possession for Sale of Controlled Substance H&S §§ 11351, 11351
Possession for Sale of Controlled Substance H&S §§ 11351, , 11378, CALCRIM 2302
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant unlawfully possessed a controlled substance;
The defendant knew of its presence;
The defendant knew of the substance's nature or character as a controlled substance;
When the defendant possessed the controlled substance, he/she intended to sell it;
The controlled substance was _________ ; AND
The controlled substance was in a usable amount.

172. Simple Possession of Controlled Substance H&S §§ 11350, 11377 - CALCRIM 2304
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant unlawfully possessed a controlled substance;
The defendant knew of its presence;
The defendant knew of the substance's nature or character as a controlled substance;
The controlled substance was _________ ; AND
The controlled substance was in a usable amount.

173. Controlled Substances: Explanations H&S §§ 11350, 11351, 11352, 11377, 11378, 11379 CALCRIM 2300-04
The People do not need to prove that the defendant knew which specific controlled substance he/she possessed and/or sold/furnished/administered/gave away/transported/imported A person does not have to actually hold or touch something to possess it and/or sell/furnish/administer/transport/ import/give it away. It is enough if the person has control over it/ [or] the right to control it, either personally or through another person

174. Resisting Peace Officer, Public Officer, or EMT Pen
Resisting Peace Officer, Public Officer, or EMT Pen. Code § 148(a) - CALCRIM 2656
To prove that the defendant is guilty of this crime, the People must prove that:
_____ was a/an peace officer/public officer/emergency medical technician lawfully performing or attempting to perform his/her duties as a peace officer/public officer/ emergency medical technician;
The defendant willfully resisted/ [or] obstructed/ [or] delayed _____ in the performance or attempted performance of those duties; AND
When the defendant acted, he/she knew, or reasonably should have known, that _____ was a/an peace officer/public officer/emergency medical technician performing or attempting to perform his/her duties.

175. Vandalism Pen. Code § 594- CALCRIM 2900
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant maliciously defaced with graffiti or with other inscribed material/ [or] damaged/ [or] destroyed real/ [or] personal property; [AND]
The defendant did not own the property/owned the property with someone else;
If instructing on felony only:
[AND The amount of damage caused by the vandalism was $400 or more.]

176. Trespass After Making Credible Threat Pen. Code § 601- CALCRIM 2929
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant made a credible threat to cause serious bodily injury to another person;
The defendant made the threat with the intent to place the other person in reasonable fear for his/her safety [or for the safety of his/her immediate family]; AND
<Alternative 3A—entered home>
Within 30 days of making the threat, the defendant unlawfully entered the threatened person's residence [or the real property next to the residence of the threatened person,] without a lawful purpose and with the intent to carry out the threat against the target of the threat
<Alternative 3B—entered workplace>
Within 30 days of making the threat, the defendant unlawfully entered the workplace of the threatened person, knowing that the place he/she entered was the threatened person's workplace, and tried to locate that person without a lawful purpose and with the intent to carry out the threat

177. Trespass After Making Credible Threat: Definitions Pen
Trespass After Making Credible Threat: Definitions Pen. Code § 601- CALCRIM 2929
A credible threat is one that causes the target of the threat to reasonably fear for his or her safety [or for the safety of his or her immediate family] and one that the maker of the threat appears able to carry out.
A credible threat may be made orally, in writing, or electronically or may be implied by a pattern of conduct or a combination of statements and conduct.
A threat may be made electronically by using a telephone, cellular telephone, pager, computer, video recorder, fax machine, or other similar electronic communication device

178. Trespass: To Interfere With Business Pen. Code § 602(k) - CALCRIM 2930
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant willfully entered land/ [or] a building belonging to someone else;
When the defendant entered, he/she intended to damage someone else's property [or property right]/ [or] to interfere with, obstruct, or damage a lawful business or occupation carried on by the owner of the land/ [or] owner's agent/ [or] person in lawful possession of the land; AND
The defendant actually did damage someone else's property [or property right]/ [or] interfere with, obstruct, or damage a lawful business or occupation carried on by the owner of the land/ [or] owner's agent/ [or] person in lawful possession of the land.

179. Trespass: Unlawfully Occupying Property Pen
Trespass: Unlawfully Occupying Property Pen. Code § 602(m) - CALCRIM 2931
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant willfully entered land/ [or] a building belonging to someone else without the consent of the owner/ [or] owner's agent/ [or] person in lawful possession of the property;
After the defendant entered, he/she occupied the land/ [or] building without the consent of the owner/ [or] owner's agent/[or] person in lawful possession of the property; AND
The defendant occupied some part of the land/ [or] building continuously until removed.

180. Trespass: Entry Into Dwelling Pen. Code § 602.5(a), (b) - CALCRIM 2932
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant willfully entered or remained in a noncommercial dwelling house/ [or] apartment/ [or other] residential place belonging to someone else; AND
The defendant entered or remained without the consent of the owner/ [or] owner's agent/ [or] person in lawful possession of the property;
If evidence shows defendant may have been public officer:
[AND The defendant was not a public officer or employee acting in the lawful performance of his/her duties as a public officer or employee.]

181. Cruelty to Animals Pen. Code § 597(a) - CALCRIM 2953
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant maimed/ mutilated/ tortured/ wounded a living animal [or] killed a living animal;
The defendant intended to maim/ mutilate/ torture/ [or] wound a living animal/ [or] kill an animal; AND
The defendant acted maliciously.

182. Prior Conviction: Nonbifurcated Trial Pen. Code §§ 667, 667
Prior Conviction: Nonbifurcated Trial Pen. Code §§ 667, 667.5, CALCRIM 3100
If you find the defendant guilty of a crime, you must also decide whether the People have proved the additional allegation that the defendant was previously convicted of another/other crime[s].
The People allege that the defendant has been convicted of:
A violation of § _________ , on ___(date)___, in the ___(court)___ , in Case Number __________ ;
[AND <Repeat for each prior conviction alleged>]
Do not consider this evidence as proof that the defendant committed any of the crimes with which he is currently charged or for any other purpose.

183. Prior Conviction: Bifurcated Trial Pen. Code §§ 667, 667
Prior Conviction: Bifurcated Trial Pen. Code §§ 667, 667.5, CALCRIM 3101
The People have alleged that the defendant was previously convicted of another/other crime[s]. You must decide whether the evidence proves that the defendant was convicted of the alleged crime[s].
The People allege that the defendant has been convicted of:
A violation of § _________ , on ___(date)___, in the ___(court)___ , in Case Number __________ ;
[AND <Repeat for each prior conviction alleged>]
In deciding whether the People have proved the allegation[s], consider only the evidence presented in this proceeding. Do not consider your verdict or any evidence from the earlier part of the trial.

184. Prior Conviction: Prison Prior Pen. Code §§ 667, 667
Prior Conviction: Prison Prior Pen. Code §§ 667, 667.5, CALCRIM 3102
If you find that the defendant was previously convicted of § _______, you must also decide whether the People have proved that the defendant served a separate prison term for the crime and did not remain out of prison custody/ [and] free of a new felony conviction for 5/10 years.
To prove this allegation, the People must prove that:
The defendant served a separate prison term for the crime of § _______; AND [EITHER]
The defendant did not remain out of prison custody for 5/10 years after he/she was no longer in prison custody for that crime; [OR]
The defendant was convicted of a new felony that he/she committed within 5/10 years after he/she was no longer in prison custody.
A person served a separate prison term for a crime if he or she served a continuous period of prison confinement imposed for that crime.

185. Personally Armed With Deadly Weapon Pen. Code § 12022.3 - CALCRIM 3130
If you find the defendant guilty of the crime[s] charged in Count[s] ______ , [or of attempting to commit that/those crime[s] or the lesser crime[s] of ______], you must then decide whether[, for each crime,] the People have proved the additional allegation that the defendant was personally armed with a deadly weapon in the commission or attempted commission of that crime.
A deadly weapon is any object, instrument, or weapon that is inherently deadly or one that is used in such a way that it is capable of causing and likely to cause death or great bodily injury.
Great bodily injury means significant or substantial physical injury. It is an injury that is greater than minor or moderate harm.
A person is armed with a deadly weapon when that person:
Carries a deadly weapon [or has a deadly weapon available] for use in either offense or defense in connection with the crime[s] charged;
AND Knows that he or she is carrying the deadly weapon [or has it available].

186. Personally Armed With Firearm Pen. Code § 12022(c), 12022
Personally Armed With Firearm Pen. Code § 12022(c), (b) - CALCRIM 3131
If you find the defendant guilty of the crime[s] charged in Count[s] ______ , [or of attempting to commit that/those crime[s] or the lesser crime[s] of ______], you must then decide whether[, for each crime,] the People have proved the additional allegation that the defendant was personally armed with a firearm in the commission or attempted commission of that crime.
A firearm does not need to be in working order if it was designed to shoot and appears capable of shooting.
A firearm does not need to be loaded.
A person is armed with a firearm when that person:
Carries a firearm or has a firearm available for use in either offense or defense in connection with the crime[s] charged; AND
Knows that he or she is carrying the firearm or has it available for use.

187. Personally Used Deadly Weapon Pen. Code § 12022(b), 12022
Personally Used Deadly Weapon Pen. Code § 12022(b), CALCRIM 3145
If you find the defendant guilty of the crime[s] charged in Count[s] ______ , [or of attempting to commit that/those crime[s] or the lesser crime[s] of ______], you must then decide whether[, for each crime,] the People have proved the additional allegation that the defendant personally used a deadly or dangerous weapon during the commission or attempted commission of that crime.
A deadly or dangerous weapon is any object, instrument, or weapon that is inherently deadly or dangerous or one that is used in such a way that it is capable of causing and likely to cause death or great bodily injury.
Someone personally uses a deadly or dangerous weapon if he or she intentionally does any of the following:
Displays the weapon in a menacing manner; [OR]
Hits someone with the weapon; [OR]
Fires the weapon.

188. Personally Used Firearm Pen. Code § 12022. 3, 12022. 5, 12022
Personally Used Firearm Pen. Code § , , (b) - CALCRIM 3146
If you find the defendant guilty of the crime[s] charged in Count[s] ______ , [or of attempting to commit that/those crime[s] or the lesser crime[s] of ______], you must then decide whether[, for each crime,] the People have proved the additional allegation that the defendant personally used a firearm during the commission or attempted commission of that crime.
A firearm does not need to be in working order if it was designed to shoot and appears capable of shooting. A firearm does not need to be loaded.
Someone personally uses a firearm if he or she intentionally does any of the following:
Displays the weapon in a menacing manner;
Hits someone with the weapon; OR
Fires the weapon.

189. Personally Used Firearm: Assault Weapon, Machine Gun, or
Personally Used Firearm: Assault Weapon, Machine Gun, or .50 BMG Rifle Pen. Code § (b) - CALCRIM 3147
If you find the defendant guilty of the crime[s] charged in Count[s] ______ , [or of attempting to commit that/those crime[s] or the lesser crime[s] of ______], you must then decide whether[, for each crime,] the People have proved the additional allegation that the defendant personally used an assault weapon/a machine gun/a .50 BMG rifle during the commission or attempted commission of that crime.
Someone personally uses an assault weapon/a machine gun/a .50 BMG rifle if he or she knows or reasonably should know that the weapon has characteristics that make it an assault weapon/a machine gun/a .50 BMG rifle and intentionally does any of the following:
Displays the assault weapon/machine gun/50 BMG rifle in a menacing manner;
Hits someone with the assault weapon/machine gun/.50 BMG rifle; OR
Fires the assault weapon/machine gun/.50 BMG rifle.

190. Great Bodily Injury Pen. Code § 12022.7) - CALCRIM 3160
If you find the defendant guilty of the crime[s] charged in Count[s] ______ , [or of attempting to commit that/those crime[s] or the lesser crime[s] of ______], you must then decide whether[, for each crime,] the People have proved the additional allegation that the defendant personally inflicted great bodily injury on ______ in the commission or attempted commission of that crime.
Great bodily injury means significant or substantial physical injury. It is an injury that is greater than minor or moderate harm.

191. Amount of Loss Pen. Code § 12022.6 - CALCRIM 3220
If you find the defendant guilty of the crime[s] charged in Count[s] ______ , [or of attempting to commit that/those crime[s] or the lesser crime[s] of ______], you must then decide whether the People have proved the additional allegation that the value of the property taken/ [or] damaged/ [or] destroyed was more than $ ___.
To prove this allegation, the People must prove that:
In the commission or attempted commission of the crime, the defendant took/ [or] damaged/ [or] destroyed property;
When the defendant acted, he/she intended to take/ [or] damage/ [or] destroy the property; AND
The loss caused by the defendant's taking/ [or] damaging/ [or] destroying the property was greater than $ _______.

192. Alibi CALCRIM 3400
The People must prove that the defendant committed ______. The defendant contends he/she did not commit this crime and that he/she was somewhere else when the crime was committed.
The People must prove that the defendant was present and committed the crime with which he/she is charged. The defendant does not need to prove he/she was elsewhere at the time of the crime.
If you have a reasonable doubt about whether the defendant was present when the crime was committed, you must find him/her not guilty.
However, the defendant may also be guilty of _______ if he/she aided and abetted/ [or] conspired with someone else to commit that crime. If you conclude that the defendant aided and abetted/ [or] conspired to commit ______, then he/she is guilty even if he/she was not present when the crime was/were committed.

193. Duress or Threats CALCRIM 3402
The defendant is not guilty of ________ if he/she acted under duress. The defendant acted under duress if, because of threat or menace, he/she believed that his/her/ [or] someone else's life would be in immediate danger if he/she refused a demand or request to commit the crime. The demand or request may have been express or implied.
The defendant's belief that his/her/ [or] someone else's life was in immediate danger must have been reasonable.
When deciding whether the defendant's belief was reasonable, consider all the circumstances as they were known to and appeared to the defendant and consider what a reasonable person in the same position as the defendant would have believed.
A threat of future harm is not sufficient; the danger to life must have been immediate.

194. Necessity CALCRIM 3403
The defendant is not guilty of ________ if he/she acted because of legal necessity. In order to establish this defense, the defendant must prove that:
He/She acted in an emergency to prevent a significant bodily harm or evil to himself/herself/ [or] someone else;
He/She had no adequate legal alternative;
The defendant's acts did not create a greater danger than the one avoided;
When the defendant acted, he/she actually believed that the act was necessary to prevent the threatened harm or evil;
A reasonable person would also have believed that the act was necessary under the circumstances; AND
The defendant did not substantially contribute to the emergency.
The defendant has the burden of proving this defense by a preponderance of the evidence. This is a different standard of proof than proof beyond a reasonable doubt. To meet the burden of proof by a preponderance of the evidence, the defendant must prove that it is more likely than not that each of the six listed items is true.

195. Accident CALCRIM 3404
General or Specific Intent Crimes
The defendant is not guilty of _____ if he/she acted [or failed to act] without the intent required for that crime, but acted instead accidentally. You may not find the defendant guilty of _____ unless you are convinced beyond a reasonable doubt that he/she acted with the required intent.
Criminal Negligence Crimes
The defendant is not guilty of _____ if he/she acted [or failed to act] accidentally without criminal negligence. You may not find the defendant guilty of _____ unless you are convinced beyond a reasonable doubt that he/she acted with criminal negligence. Criminal negligence is defined in another instruction.

196. Parental Right to Punish a Child CALCRIM 3405
A (parent/guardian/ _____) is not guilty of ______ if he/she used justifiable physical force/a justifiable method to discipline a child.
Physical force/ [or] _______ (other method of punishment) is justifiable if a reasonable person would find that punishment was necessary under the circumstances and that the physical force/method used was reasonable.
The People must prove beyond a reasonable doubt that the force/method of punishment used was not justifiable. If the People have not met this burden, you must find the defendant not guilty of ______.

197. Mistake of Fact CALCRIM 3406
The defendant is not guilty of _______ if he/she did not have the intent or mental state required to commit the crime because he/she [reasonably] did not know a fact or [reasonably and] mistakenly believed a fact.
If the defendant's conduct would have been lawful under the facts as he/she [reasonably] believed them to be, he/she did not commit _______.
If you find that the defendant believed that _______ (alleged mistaken facts) [and if you find that belief was reasonable], he/she did not have the specific intent or mental state required for _______.
If you have a reasonable doubt about whether the defendant had the specific intent or mental state required for _______, you must find him/her not guilty of that crime.

198. Mistake of Law CALCRIM 3407
It is not a defense to the crime of ________ that the defendant did not know he/she was breaking the law or that he/she believed his/her act was lawful.

199. Entrapment CALCRIM 3408
The defendant has the burden of proving this defense by a preponderance of the evidence. This is a different standard from proof beyond a reasonable doubt. To meet this burden, the defendant must prove that it is more likely than not that he/she was entrapped.
A person is entrapped if a law enforcement officer [or his/her agent] engaged in conduct that would cause a normally law-abiding person to commit the crime.
If an officer [or his/her agent] simply gave the defendant an opportunity to commit the crime or merely tried to gain the defendant's confidence through reasonable and restrained steps, that conduct is not entrapment.
In deciding whether the officer's conduct was likely to cause a normally law-abiding person to commit this crime, also consider events that happened before the crime, the defendant's responses to the officer's urging, the seriousness of the crime, and how difficult it would have been for law enforcement officers to discover that the crime had been committed.
When deciding whether the defendant was entrapped, consider what a normally law-abiding person would have done in this situation. Do not consider the defendant's particular intentions or character, or whether the defendant had a predisposition to commit the crime.

200. Unconsciousness CALCRIM 3425
The defendant is not guilty of ­­­­______ if he/she acted while legally unconscious. Someone is legally unconscious when he or she is not conscious of his or her actions. Someone may be unconscious even though able to move.
Unconsciousness may be caused by a blackout/ [or] an epileptic seizure/ [or] involuntary intoxication/ [or] sleepwalking/ or ___.
The People must prove beyond a reasonable doubt that the defendant was conscious when he/she acted. If there is proof beyond a reasonable doubt that the defendant acted as if he/she were conscious, you should conclude that he/she was conscious. If, however, based on all the evidence, you have a reasonable doubt that he/she was conscious, you must find him/her not guilty.

201. Voluntary Intoxication CALCRIM 3426
You may consider evidence, if any, of the defendant's voluntary intoxication only in a limited way. You may consider that evidence only in deciding whether the defendant acted [or failed to do an act] with _______ (insert specific intent or mental state required).
A person is voluntarily intoxicated if he or she becomes intoxicated by willingly using any intoxicating drug, drink, or other substance knowing that it could produce an intoxicating effect, or willingly assuming the risk of that effect.
In connection with the charge of ______ the People have the burden of proving beyond a reasonable doubt that the defendant acted [or failed to act] with _______ (specific intent or mental state required). If the People have not met this burden, you must find the defendant not guilty of ______.

202. Involuntary Intoxication CALCRIM 3427
Consider any evidence that the defendant was involuntarily intoxicated in deciding whether the defendant had the required intent/ [or] mental state when he/she acted.
A person is involuntarily intoxicated if he or she unknowingly ingested some intoxicating liquor, drug, or other substance, or if his or her intoxication is caused by the force, duress, fraud, or trickery of someone else, for whatever purpose, [without any fault on the part of the intoxicated person].

203. Mental Impairment: Defense to Specific Intent or Mental State CALCRIM 3428
You have heard evidence that the defendant may have suffered from a mental disease/ [or] defect/ [or] disorder. You may consider this evidence only for the limited purpose of deciding whether, at the time of the charged crime, the defendant acted [or failed to act] with the intent or mental state required for that crime.
The People have the burden of proving beyond a reasonable doubt that the defendant acted [or failed to act] with the required intent or mental state, specifically: ______. If the People have not met this burden, you must find the defendant not guilty of ______.

204. Right to Self-Defense or Defense of Another (Non-Homicide) CALCRIM 3470
The defendant acted in lawful self-defense/ [or] defense of another if:
The defendant reasonably believed that he/she/ [or] someone else/ [or] _____ was in imminent danger of suffering bodily injury [or was in imminent danger of being touched unlawfully];
The defendant reasonably believed that the immediate use of force was necessary to defend against that danger; AND
The defendant used no more force than was reasonably necessary to defend against that danger.
Belief in future harm is not sufficient, no matter how great or how likely the harm is believed to be. The defendant must have believed there was imminent danger of bodily injury to (himself/herself/ [or] someone else)/[or] an imminent danger that (he/she/[or] someone else) would be touched unlawfully. Defendant's belief must have been reasonable and he/she must have acted because of that belief. If the defendant used more force than was reasonable, the defendant did not act in lawful self-defense/ [or] defense of another.

205. Right to Self-Defense or Defense of Another (Non-Homicide): Explanations CALCRIM 3470
When deciding whether the defendant's beliefs were reasonable, consider all the circumstances as they were known to and appeared to the defendant and consider what a reasonable person in a similar situation with similar knowledge would have believed. If the defendant's beliefs were reasonable, the danger does not need to have actually existed.
The defendant's belief that he/she/ [or] someone else was threatened may be reasonable even if he/she relied on information that was not true. However, the defendant must actually and reasonably have believed that the information was true.
A defendant is not required to retreat. He or she is entitled to stand his or her ground and defend himself or herself and, if reasonably necessary, to pursue an assailant until the danger of death/bodily injury/ _____ has passed. This is so even if safety could have been achieved by retreating.