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Return to Non-CALJIC Offenses – Contents

F 18.10 n1  Contempt:  Purposeful Disobedience With Knowledge (PC 166).

In a prosecution for willful disobedience of a court order it is sufficient to instruct that “in the absence of the defendant actually having read the order or having had it read to him, you must find that the defendant had a reasonable amount of time or opportunity in which to gain actual knowledge of the contents of the order.”

The jury must also find that “the defendant purposely refused to obey the court order after having knowledge of the order’s contents.”  (People v. Brindley (65) 236 CA2d Supp 925, 927-28 [47 CR 668].)


F 18.10 n2  Contempt:  Right To Trial By Jury.

See People v. Earley (2004) 122 CA4th 542 [defendant entitled to trial by jury before imposition of consecutive six month jail terms for contempt per PC 166; see also Codispoti v. Pennsylvania (74) 418 US 506, 511, 517 [41 LEd2d 912; 94 SCt 2687]; Mitchell v. Superior Court (89) 49 C3d 1230, 1240-41; In re Kreitman (95) 40 CA4th 750, 755.

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