SERIES 2300 CONTROLLED SUBSTANCES
F 2381 Offering To Sell, Furnish, Etc., Controlled Substance To Minor (HS 11353, HS 11354, HS 11380(a))
TABLE OF CONTENTS
F 2381.1 Titles And Identification Of Parties
F 2381.1 Inst 1 Offering To Sell, Furnish, Etc., Controlled Substance To Minor—Title
F 2381.1 Inst 2 Identification Of Prosecution And Defendant
F 2381.2 Offering To Sell, Furnish, Etc., Controlled Substance To Minor—Tailoring To Facts: Persons, Places, Things And Theories
F 2381.2 Inst 1 (a-c) Include Definition In Elements; Tailor To Facts
F 2381.3 Offering To Sell, Furnish, Etc., Controlled Substance To Minor—Language That Is Argumentative, Confusing, Etc. [Reserved]
F 2381.4 Offering To Sell, Furnish, Etc., Controlled Substance To Minor—Burden Of Proof Issues
F 2381.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
F 2381.5 Offering To Sell, Furnish, Etc., Controlled Substance To Minor—Elements And Definitions
F 2381.5 Inst 1 Causation Instructions Required For Administration Theory
F 2381.5 Inst 2 Knowing Exercise Of A Right To Control The Substance Is An Element Of The Charge
F 2381.5 Inst 3 Personal Use
F 2381.5 Inst 4 Offer To Sell Controlled Substance: Knowledge Requirement
F 2381.6 Offering To Sell, Furnish, Etc., Controlled Substance To Minor—Defense Theories
F 2381.6 Inst 1 Usable Amount: Pinpoint Instruction
F 2381.6 Inst 2 Sale Or Transportation Of Drugs: Knowledge Requirement
F 2381.7 Offering To Sell, Furnish, Etc., Controlled Substance To Minor—Preliminary Fact Issues [Reserved]
F 2381.8 Offering To Sell, Furnish, Etc., Controlled Substance To Minor— Unanimity/ Duplicity/ Multiplicity [Reserved]
F 2381.9 Offering To Sell, Furnish, Etc., Controlled Substance To Minor—Lesser Offense Issues [Reserved]
F 2381 Notes
F 2381 Note 1 Offering To Sell, Furnish, Etc., Controlled Substance To Minor—CALCRIM Cross-References And Research Notes
Return to Series 2300 Table of Contents.
F 2381.1 Titles And Identification Of Parties
F 2381.1 Inst 1 Offering To Sell, Furnish, Etc., Controlled Substance To Minor—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 2381.1 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 2381.2Offering To Sell, Furnish, Etc., Controlled Substance To Minor—Tailoring To Facts: Persons, Places, Things And Theories
F 2381.2 Inst 1 (a-c) Include Definition In Elements; Tailor To Facts
*Replace 2381, Element 1 [Selling], as follows:
Alternative a:
1. The defendant offered to exchange _______________ <name of controlled substance> for (money/ _______________ <specify service>/_______________ <specify other thing of value>);
[Source: Adapted from CC 2381, paragraph 3.]
Alternative b-1 [Administered Directly]:
1. The defendant offered to apply _______________ <name of controlled substance> directly to the body of _______________ <name of person to whom controlled substance was administered> by (injection/_______________ <specify other means>;
[Source: Adapted from CC 2381, paragraph 4.]
Alternative b-2 [Administered By Causing Other Person To Consume The Controlled Substance]:
1. The defendant offered to cause* _______________ <name of person to whom controlled substance was administered> to inhale, ingest or otherwise consume _______________ <name of controlled substance>;
*Note: Causation instructions may be appropriate (see FORECITE F 1501.5 Inst 2).
[Source: Adapted from CC 2381, paragraph 4.]
Alternative c [Undefined Theories]:
1. The defendant offered to (furnish/give away) _______________ <name of controlled substance>.
[Delete paragraphs 3, 4 & 5.]
Points and Authorities
See FORECITE F 2300.2 Inst 1.
F 2381.3 Offering To Sell, Furnish, Etc., Controlled Substance To Minor—Language That Is Argumentative, Confusing, Etc. [Reserved]
F 2381.4 Offering To Sell, Furnish, Etc., Controlled Substance To Minor—Burden Of Proof Issues
F 2381.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
See FORECITE F 400.4 Inst 1.
F 2381.5 Offering To Sell, Furnish, Etc., Controlled Substance To Minor—Elements And Definitions
F 2381.5 Inst 1 Causation Instructions Required For Administration Theory
See FORECITE F 2300.5 Inst 1.
F 2381.5 Inst 2 Knowing Exercise Of A Right To Control The Substance Is An Element Of The Charge
See FORECITE F 2300.5 Inst 3.
F 2381.5 Inst 3 Personal Use
See FORECITE F 2300.5 Inst 4.
F 2381.5 Inst 4 Offer To Sell Controlled Substance: Knowledge Requirement
*Add the following element to CC 2381:
5. Such person had knowledge of its nature as a controlled substance.
Points and Authorities
See FORECITE F 2301.5 Inst 5.
F 2381.6 Offering To Sell, Furnish, Etc., Controlled Substance To Minor—Defense Theories
F 2381.6 Inst 1 Usable Amount: Pinpoint Instruction
See FORECITE F 2300.6 Inst 2.
F 2381.6 Inst 2 Sale Or Transportation Of Drugs: Knowledge Requirement
See FORECITE F 2300.6 Inst 3.
F 2381.7 Offering To Sell, Furnish, Etc., Controlled Substance To Minor—Preliminary Fact Issues[Reserved]
F 2381.8 Offering To Sell, Furnish, Etc., Controlled Substance To Minor— Unanimity/ Duplicity/ Multiplicity[Reserved]
F 2381.9 Offering To Sell, Furnish, Etc., Controlled Substance To Minor—Lesser Offense Issues[Reserved]
F 2381 NOTES
F 2381 Note 1Offering To Sell, Furnish, Etc., Controlled Substance To Minor—CALCRIM Cross-References And Research Notes
CALCRIM Cross-References:
See FORECITE F 2380 Notes.
CALCRIM 2380 [Sale, Furnishing, Etc., of Controlled Substance to Minor]
CALCRIM 2382 [Employment of Minor to Sell Controlled Substance]
CALCRIM 2383 [Use of Minor as Agent to Violate Controlled Substance Law]
Research Notes:
See CLARAWEB Forum, Controlled Substances—Series 2300.
