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SERIES 2300 CONTROLLED SUBSTANCES

F 2383 Use Of Minor As Agent To Violate Controlled Substance Law (HS 11380(a))

TABLE OF CONTENTS
F 2383.1 Titles And Identification Of Parties
F 2383.1 Inst 1 Use Of Minor As Agent To Violate Controlled Substance Law—Title
F 2383.1 Inst 2 Identification Of Prosecution And Defendant

F 2383.2 Use Of Minor As Agent To Violate Controlled Substance Law—Tailoring To Facts: Persons, Places, Things And Theories
F 2383.2 Inst 1 (a-d) Include Definition In Elements; Tailor To Facts

F 2383.3 Use Of Minor As Agent To Violate Controlled Substance Law—Language That Is Argumentative, Confusing, Etc. [Reserved]

F 2383.4 Use Of Minor As Agent To Violate Controlled Substance Law—Burden Of Proof Issues
F 2383.4 Inst 1 Relating Prosecution Burden To Enumerated Elements

F 2383.5 Use Of Minor As Agent To Violate Controlled Substance Law—Elements And Definitions
F 2383.5 Inst 1 Incorporate Definition Of Agent Into Enumerated Elements

F 2383.6 Use Of Minor As Agent To Violate Controlled Substance Law—Defense Theories
F 2383.6 Inst 1 Sale Or Transportation Of Drugs: Knowledge Requirement
F 2383.6 Inst 2 Possession: Issues And Instructions

F 2383.7 Use Of Minor As Agent To Violate Controlled Substance Law—Preliminary Fact Issues [Reserved]

F 2383.8 Use Of Minor As Agent To Violate Controlled Substance Law— Unanimity/ Duplicity/ Multiplicity [Reserved]

F 2383.9 Use Of Minor As Agent To Violate Controlled Substance Law—Lesser Offense Issues [Reserved]

Return to Series 2300 Table of Contents.


F 2383.1 Titles And Identification Of Parties

F 2383.1 Inst 1 Use Of Minor As Agent To Violate Controlled Substance Law—Title

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


F 2383.1 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 2383.2Use Of Minor As Agent To Violate Controlled Substance Law—Tailoring To Facts: Persons, Places, Things And Theories

F 2383.2 Inst 1 (a-d) Include Definition In Elements; Tailor To Facts

*Modify CC 2383, Element 2, as follows [added language is underlined; deleted language is stricken]:

Alternative a [Transport]:

2. __________ <insert name of person hired> was used by the defendant to (transport/sell/give away/possess/possess for sale) move __________ <insert type of controlled substance>, a controlled substance from ______________ <starting location> to _____________<ending location>;

Alternative b [Sell]:

2. __________<insert name of person hired> was used by the defendant to (transport/sell/give away/possess/possess for sale) [exchange money / ___________ <specify service>/ ____________ <specify other thing of value>] for__________<insert type of controlled substance>, a controlled substance;

Alternative c [Possess For Sale]:

2. __________<insert name of person hired> was used by the defendant to (transport/sell/give away/possess/possess for sale) possess __________<insert type of controlled substance>, a controlled substance for the purpose of exchanging it for [money / ___________ <specify service>/ ____________ <specify other thing of value>];

Alternative d [Give Away/Possess]:

2. __________<insert name of person hired> was used by the defendant to (transport/sell/give away/possess/possess for sale) __________<insert type of controlled substance>, a controlled substance;

Points and Authorities

See FORECITE F 2300.2 Inst 1.


F 2383.3 Use Of Minor As Agent To Violate Controlled Substance Law—Language That Is Argumentative, Confusing, Etc.[Reserved]


F 2383.4 Use Of Minor As Agent To Violate Controlled Substance Law—Burden Of Proof Issues

F 2383.4 Inst 1 Relating Prosecution Burden To Enumerated Elements

See FORECITE F 400.4 Inst 1.


F 2383.5 Use Of Minor As Agent To Violate Controlled Substance Law—Elements And Definitions

F 2383.5 Inst 1 Incorporate Definition Of Agent Into Enumerated Elements

*Modify CC 2383, Element 1, as follows [added language is underlined; deleted language is stricken]:

1. The defendant used authorized _______________ <name of person hired> as an agent to act for the defendant in dealings with other people;

[Delete paragraph 3.]

Points and Authorities

Incorporation Of Definition—See FORECITE F 417.5 Inst 2.

Separate Enumeration Of Discrete Elements—See FORECITE F 3500.2 Inst 1.


F 2383.6 Use Of Minor As Agent To Violate Controlled Substance Law—Defense Theories

F 2383.6 Inst 1 Sale Or Transportation Of Drugs: Knowledge Requirement

See FORECITE F 2300.6 Inst 3.


F 2383.6 Inst 2 Possession: Issues And Instructions

See FORECITE F 3301.


F 2383.7 Use Of Minor As Agent To Violate Controlled Substance Law—Preliminary Fact Issues[Reserved]


F 2383.8 Use Of Minor As Agent To Violate Controlled Substance Law— Unanimity/ Duplicity/ Multiplicity[Reserved]


F 2383.9 Use Of Minor As Agent To Violate Controlled Substance Law—Lesser Offense Issues [Reserved]

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