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SERIES 1300 CRIMINAL THREATS

  • A. THREATENING, STALKING, OR TERRORIZING
  • F 1300 Criminal Threat
  • F 1300.1 Titles And Identification Of Parties
    • F 1300.1 Inst 1 Criminal Threat—Title
    • F 1300.1 Inst 2 Identification Of Prosecution And Defendant
  • F 1300.2 Criminal Threats—Tailoring To Facts: Persons, Places, Things And Theories
    • F 1300.2 Inst 1 Threats: Prosecution Theory—Notice To The Defendant
  • F 1300.3 Criminal Threats—Language That Is Argumentative, Confusing, Etc.
    • F 1300.3 Inst 1 Criminal Threats: Improper To Describe The Alleged Statement As A Threat (PC 422)
    • F 1300.3 Inst 2 Threat Need Not Be Carried Out: Delete As Argumentative
    • F 1300.3 Inst 3 Argumentative Language Should Be Balanced To Assure Jurors Consider All Relevant Evidence
  • F 1300.4 Criminal Threats—Burden Of Proof Issues
    • F 1300.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
  • F 1300.5 Criminal Threats—Elements And Definitions
    • F 1300.5 Inst 1 Threats: Separate Enumeration Of Combined Elements
    • F 1300.5 Inst 2 Threats: “On Its Face” And “Under The Circumstances” As Elements Of The Crime
    • F 1300.5 Inst 3 Victim’s Fear: Objective Reasonableness
    • F 1300.5 Inst 4 Attempted Criminal Threats: Definitional Elements Of A Criminal Threat (PC 422)
    • F 1300.5 Inst 5 Criminal Threats: Dual Intent Requirement Of Intent To Communicate The Statement And That It Be Taken As A Threat (PC 422)
    • F 1300.5 Inst 6 Criminal Threats: Dual Intent—Consideration Of Context/Setting In Which Statement Was Made (PC 422)
    • F 1300.5 Inst 7 Criminal Threats: Reasonable Belief Standard Requires Consideration Of A Reasonable Person In Defendant’s Situation
    • F 1300.5 Inst 8 Specification Of Causation Definition And Elements
    • F 1300.5 Inst 9 Willfully: Knowledge
  • F 1300.6 Criminal Threats—Defense Theories [Reserved]
  • F 1300.7 Criminal Threats—Preliminary Fact Issues [Reserved]
  • F 1300.8 Criminal Threats—Unanimity/Duplicity/Multiplicity [Reserved]
  • F 1300.9 Criminal Threats—Lesser-Offense Issues [Reserved]
  • F 1300 Notes
    • F 1300 Note 1 Criminal Threats—CALCRIM Cross-References And Research Notes
    • F 1300 Note 2 Criminal Threats: Threats Need Not Be Unconditional (PC 422)
    • F 1300 Note 3 Criminal Threats: Definition Of “Conditional Threat”
    • F 1300 Note 4 Criminal Threats: Definition Of “Sustained Fear”
    • F 1300 Note 5 Criminal Threats: Defendant Need Not Be Aware Of Presence Of Threatened Person At The Time The Threats Were Made
    • F 1300 Note 6 Criminal Threats: Angry Outbursts
    • F 1300 Note 7 Criminal Threats: Gestures
    • F 1300 Note 8 Criminal Threats: Threats Against Public Officer (PC 71) As Lesser-Included
    • F 1300 Note 9 Criminal Threats: State Court Of Appeal Rejects Constitutional Challenge (PC 422)
    • F 1300 Note 10 Criminal Threats: Threatening Another With Death Or GBI May Be Communicated To Third Party (PC 422)
    • F 1300 Note 11 Criminal Threats: Independent Review Required When First Amendment Implicated
    • F 1300 Note 12 Criminal Threats: Constitutional Challenge (PC 422)
  • F 1300 Revision History and Commentary
  • F 1301 Stalking
  • F 1301.1 Titles And Identification Of Parties
    • F 1301.1 Inst 1 Stalking—Title
    • F 1301.1 Inst 2 Identification Of Prosecution And Defendant
  • F 1301.2 Stalking—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
  • F 1301.3 Language That Is Argumentative, Confusing, Etc.
    • F 1301.3 Inst 1 Deletion Of Argumentative Language
    • F 1301.3 Inst 2 Deletion Of Argumentative Language
    • F 1301.3 Inst 3 Deletion Of Argumentative Language
  • F 1301.4 Stalking—Burden Of Proof Issues
    • F 1301.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
  • F 1301.5 Stalking—Elements And Definitions
    • F 1301.5 Inst 1 (a & b) Stalking: Separate Enumeration Of Combined Elements
    • F 1301.5 Inst 2 Incorporation Of Harassment Elements In Enumerated Elements Of The Charge
    • F 1301.5 Inst 3 Incorporation Of Credible Threat Elements In Enumerated Elements Of The Charge
    • F 1301.5 Inst 4 Credible Threats: Causation
    • F 1301.5 Inst 5 Willfully: Knowledge Requirement
    • F 1301.5 Inst 6 Stalking: Definition Of “Repeatedly” (PC 646.9)
    • F 1301.5 Inst 7 Stalking: Whether Conduct Is Constitutionally Protected Should Be A Discrete Element Of The Charge
  • F 1301.6 Stalking—Defense Theories [Reserved]
  • F 1301.7 Stalking—Preliminary Fact Issues [Reserved]
  • F 1301.8 Stalking—Unanimity/Duplicity/Multiplicity
    • F 1301.8 Inst 1 Stalking: Specification, Definition and Unanimity As To Predicate Acts (PC 646.9)
  • F 1301.9 Stalking—Lesser-Offense Issues [Reserved]
  • F 1301 NOTES
    • F 1301 Note 1 Stalking: CALCRIM Cross-References And Research Notes
    • F 1301 Note 2 Stalking: Intent To Carry Out The Threat
    • F 1301 Note 3 Harassment May Be Committed In A Single Course Of Conduct
    • F 1301 Note 4 Stalking: Victim Must Be Subjectively Aware Of Stalker’s Conduct But Fear Need Not Be Contemporaneous
    • F 1301 Note 5 Stalking Following Court Order: No Double Jeopardy Based On Prior Contempt Conviction
    • F 1301 Note 6 Stalking In Violation Of Court Order: Stipulation To Violation Of Court Order
    • F 1301 Note 7 Misdemeanor Stalking: Constitutional Challenge (PC 646.9)
    • F 1301 Note 8 Stalking: Victim’s Fear Is Alone Insufficient To Constitute Substantial Emotional Distress
    • F 1301 Note 9 Constitutionality Of Stalking Statute (PC 646.9(a))
  • F 1302 Terrorizing By Destructive Device, Explosive, Or Arson [No Forecite Entries On This Instruction]
  • F 1303–1349 Reserved for Future Use
  • B. HATE CRIMES
  • F 1350 Hate Crime: Misdemeanor Interference With Civil Rights By Force
  • F 1350.1 Titles And Identification Of Parties
    • F 1350.1 Inst 1 Hate Crime: Misdemeanor Interference With Civil Rights By Force—Title
    • F 1350.1 Inst 2 Identification Of Prosecution And Defendant
  • F 1350.2 Hate Crime: Misdemeanor Interference With Civil Rights By Force—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
  • F 1350.3 Hate Crime: Misdemeanor Interference With Civil Rights By Force—Language That Is Argumentative, Confusing, Etc. [Reserved]
  • F 1350.4 Hate Crime: Misdemeanor Interference With Civil Rights By Force—Burden Of Proof Issues
    • F 1350.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
  • F 1350.5 Hate Crime: Misdemeanor Interference With Civil Rights By Force—Elements And Definitions [Reserved]
  • F 1350.6 Hate Crime: Misdemeanor Interference With Civil Rights By Force—Defense Theories [Reserved]
  • F 1350.7 Hate Crime: Misdemeanor Interference With Civil Rights By Force—Preliminary Fact Issues [Reserved]
  • F 1350.8 Hate Crime: Misdemeanor Interference With Civil Rights By Force—Unanimity/Duplicity/Multiplicity [Reserved]
  • F 1350.9 Hate Crime: Misdemeanor Interference With Civil Rights By Force—Lesser-Offense Issues [Reserved]
  • F 1351 Hate Crime: Misdemeanor Interference With Civil Rights By Threat
  • F 1351.1 Titles And Identification Of Parties
    • F 1351.1 Inst 1 Hate Crime: Misdemeanor Interference With Civil Rights By Threats—Title
    • F 1351.1 Inst 2 Identification Of Prosecution And Defendant
  • F 1351.2 Hate Crime: Misdemeanor Interference With Civil Rights By Threats—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
  • F 1351.3 Hate Crime: Misdemeanor Interference With Civil Rights By Threats—Language That Is Argumentative, Confusing, Etc. [Reserved]
  • F 1351.4 Hate Crime: Misdemeanor Interference With Civil Rights By Threats—Burden Of Proof Issues
    • F 1351.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
  • F 1351.5 Hate Crime: Misdemeanor Interference With Civil Rights By Threats—Elements And Definitions [Reserved]
  • F 1351.6 Hate Crime: Misdemeanor Interference With Civil Rights By Threats—Defense Theories [Reserved]
  • F 1351.7 Hate Crime: Misdemeanor Interference With Civil Rights By Threats—Preliminary Fact Issues [Reserved]
  • F 1351.8 Hate Crime: Misdemeanor Interference With Civil Rights By Threats—Unanimity/Duplicity/Multiplicity[Reserved]
  • F 1351.9 Hate Crime: Misdemeanor Interference With Civil Rights By Threats—Lesser-Offense Issues [Reserved]
  • F 1352 Hate Crime: Misdemeanor Interference With Civil Rights By Damaging Property
  • F 1352.1 Titles And Identification Of Parties
    • F 1352.1 Inst 1 Hate Crime: Misdemeanor Interference With Civil Rights By Damaging Property—Title F 1352.1 Inst 2 Identification Of Prosecution And Defendant
  • F 1352.2 Hate Crime: Misdemeanor Interference With Civil Rights By Damaging Property—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
  • F 1352.3 Hate Crime: Misdemeanor Interference With Civil Rights By Damaging Property—Language That Is Argumentative, Confusing, Etc. [Reserved]
  • F 1352.4 Hate Crime: Misdemeanor Interference With Civil Rights By Damaging Property—Burden Of Proof Issues
    • F 1352.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
  • F 1352.5 Hate Crime: Misdemeanor Interference With Civil Rights By Damaging Property—Elements And Definitions [Reserved]
  • F 1352.6 Hate Crime: Misdemeanor Interference With Civil Rights By Damaging Property—Defense Theories [Reserved]
  • F 1352.7 Hate Crime: Misdemeanor Interference With Civil Rights By Damaging Property—Preliminary Fact Issues [Reserved]
  • F 1352.8 Hate Crime: Misdemeanor Interference With Civil Rights By Damaging Property—Unanimity/Duplicity/Multiplicity [Reserved]
  • F 1352.9 Hate Crime: Misdemeanor Interference With Civil Rights By Damaging Property—Lesser-Offense Issues [Reserved]
  • F 1353 Hate Crime: Disability Defined
  • F 1353.1 Titles And Identification Of Parties
    • F 1353.1 Inst 1 Hate Crime: Disability Defined—Title
    • F 1353.1 Inst 2 Identification Of Prosecution And Defendant
  • F 1353.2 Hate Crime: Disability Defined—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
  • F 1353.3 Hate Crime: Disability Defined—Language That Is Argumentative, Confusing, Etc. [Reserved]
  • F 1353.4 Hate Crime: Disability Defined—Burden Of Proof Issues
    • F 1353.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
  • F 1353.5 Hate Crime: Disability Defined—Elements And Definitions [ReserVed]
  • F 1353.6 Hate Crime: Disability Defined—Defense Theories [Reserved]
  • F 1353.7 Hate Crime: Disability Defined—Preliminary Fact Issues [Reserved]
  • F 1353.8 Hate Crime: Disability Defined—Unanimity/Duplicity/Multiplicity [Reserved]
  • F 1353.9 Hate Crime: Disability Defined—Lesser-Offense Issues [Reserved]
  • F 1354 Hate Crime Allegation: Felony
  • F 1354.1 Titles And Identification Of Parties
    • F 1354.1 Inst 1 Hate Crime Allegation: Felony—Title
    • F 1354.1 Inst 2 Identification Of Prosecution And Defendant
  • F 1354.2 Hate Crime Allegation: Felony—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
  • F 1354.3 Hate Crime Allegation: Felony—Language That Is Argumentative, Confusing, Etc. [Reserved]
  • F 1354.4 Hate Crime Allegation: Felony—Burden Of Proof Issues
    • F 1354.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
  • F 1354.5 Hate Crime Allegation: Felony—Elements And Definitions [Reserved]
  • F 1354.6 Hate Crime Allegation: Felony—Defense Theories [Reserved]
  • F 1354.7 Hate Crime Allegation: Felony—Preliminary Fact Issues [Reserved]
  • F 1354.8 Hate Crime Allegation: Felony—Unanimity/Duplicity/Multiplicity [Reserved]
  • F 1354.9 Hate Crime Allegation: Felony—Lesser-Offense Issues [Reserved]
  • F 1355 Hate Crime Allegation: Misdemeanor
  • F 1355.1 Titles And Identification Of Parties
    • F 1355.1 Inst 1 Hate Crime Allegation: Misdemeanor—Title
    • F 1355.1 Inst 2 Identification Of Prosecution And Defendant
  • F 1355.2 Hate Crime Allegation: Misdemeanor—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
  • F 1355.3 Hate Crime Allegation: Misdemeanor—Language That Is Argumentative, Confusing, Etc. [Reserved]
  • F 1355.4 Hate Crime Allegation: Misdemeanor—Burden Of Proof Issues
    • F 1355.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
  • F 1355.5 Hate Crime Allegation: Misdemeanor—Elements And Definitions [Reserved]
  • F 1355.6 Hate Crime Allegation: Misdemeanor—Defense Theories [Reserved]
  • F 1355.7 Hate Crime Allegation: Misdemeanor—Preliminary Fact Issues [Reserved]
  • F 1355.8 Hate Crime Allegation: Misdemeanor—Unanimity/Duplicity/Multiplicity [Reserved]
  • F 1355.9 Hate Crime Allegation: Misdemeanor—Lesser-Offense Issues [Reserved]
  • F 1356–1399 Reserved for Future Use
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