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SERIES 2300 CONTROLLED SUBSTANCES

F 2316 Offer To Sell Substitute Substance (HS 11355, 11382)

TABLE OF CONTENTS
F 2316.1 Titles And Identification Of Parties
F 2316.1 Inst 1 Offer To Sell Substitute Substance—Title
F 2316.1 Inst 2 Identification Of Prosecution And Defendant

F 2316.2 Offer To Sell Substitute Substance—Tailoring To Facts: Persons, Places, Things And Theories
F 2316.2 Inst 1 Include Definition In Elements; Tailor To Facts

F 2316.3 Offer To Sell Substitute Substance—Language That Is Argumentative, Confusing, Etc.
F 2316.3 Inst 1 Deletion Of Argumentative And Duplicative Language

F 2316.4 Offer To Sell Substitute Substance—Burden Of Proof Issues
F 2316.4 Inst 1 Relating Prosecution Burden To Enumerated Elements

F 2316.5 Offer To Sell Substitute Substance—Elements And Definitions
F 2316.5 Inst 1 Causation Instructions Required For Administration Theory
F 2316.5 Inst 2 Item Must Be Transported “While Under The Defendant’s Control”
F 2316.5 Inst 3 Personal Use

F 2316.6 Offer To Sell Substitute Substance—Defense Theories [Reserved]

F 2316.7 Offer To Sell Substitute Substance—Preliminary Fact Issues [Reserved]

F 2316.8 Offer To Sell Substitute Substance—Unanimity/Duplicity/Multiplicity [Reserved]

F 2316.9 Offer To Sell Substitute Substance—Lesser Offense Issues [Reserved]

Return to Series 2300 Table of Contents.


F 2316.1 Titles And Identification Of Parties

F 2316.1 Inst 1 Offer To Sell Substitute Substance—Title

See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.


F 2316.1 Inst 2 Identification Of Prosecution And Defendant

See generally FORECITE F 100.2 Note 1and CALCRIM Motion Bank # CCM-005 and CALCRIM Motion Bank # CCM-006.


F 2316.2Offer To Sell Substitute Substance—Tailoring To Facts: Persons, Places, Things And Theories

F 2316.2 Inst 1 Include Definition In Elements; Tailor To Facts

See FORECITE F 2315.2 Inst 1.


F 2316.3 Offer To Sell Substitute Substance—Language That Is Argumentative, Confusing, Etc.

F 2316.3 Inst 1 Deletion Of Argumentative And Duplicative Language

*Modify CC 2316, paragraph 6, as follows [deleted language is stricken]:

[The People do not need to prove that the defendant actually possessed the noncontrolled substance.]

Points and Authorities

See FORECITE F 416.3 Inst 4


F 2316.4 Offer To Sell Substitute Substance—Burden Of Proof Issues

F 2316.4 Inst 1 Relating Prosecution Burden To Enumerated Elements

See FORECITE F 400.4 Inst 1.


F 2316.5 Offer To Sell Substitute Substance—Elements And Definitions

F 2316.5 Inst 1 Causation Instructions Required For Administration Theory

See FORECITE F 2300.5 Inst 1.


F 2316.5 Inst 2 Item Must Be Transported “While Under The Defendant’s Control”

See FORECITE F 2300.5 Inst 2.


F 2316.5 Inst 3 Personal Use

See FORECITE F 2300.5 Inst 4.


F 2316.6 Offer To Sell Substitute Substance—Defense Theories [Reserved]


F 2316.7 Offer To Sell Substitute Substance—Preliminary Fact Issues [Reserved]


F 2316.8 Offer To Sell Substitute Substance—Unanimity/Duplicity/Multiplicity [Reserved]


F 2316.9 Offer To Sell Substitute Substance—Lesser Offense Issues [Reserved]

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