SERIES 1800 THEFT AND EXTORTION
F 1821 Tampering With A Vehicle (VC 1085)
TABLE OF CONTENTS
F 1821.1 Titles And Identification Of Parties
F 1821.1 Inst 1 Tampering With A Vehicle —Title
F 1821.1 Inst 2 Identification Of Prosecution And Defendant
F 1821.2 Tampering With A Vehicle—Tailoring To Facts: Persons, Places, Things And Theories
F 1821.2 Inst 1 Separate Enumeration Of Combined Elements; Tailoring To Facts
F 1821.3 Tampering With A Vehicle—Language That Is Argumentative, Confusing, Etc.
F 1821.3 Inst 1 Willfully: Argumentative
F 1821.4 Tampering With A Vehicle—Burden Of Proof Issues
F 1821.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
F 1821.5 Tampering With A Vehicle—Elements And Definitions
F 1821.5 Inst 1 Willfully: Knowledge
F 1821.5 Inst 2 “Injure” vs. “Damage”
F 1821.6 Tampering With A Vehicle—Defense Theories [Reserved]
F 1821.7 Tampering With A Vehicle—Preliminary Fact Issues [Reserved]
F 1821.8 Tampering With A Vehicle—Unanimity/Duplicity/Multiplicity [Reserved]
F 1821.9 Tampering With A Vehicle—Lesser Offense Issues [Reserved]
F 1821 Notes
F 1821 Note 1 Tampering With A Vehicle—CALCRIM Cross-References And Research Notes
Return to Series 1800 Table of Contents.
F 1821.1 Titles And Identification Of Parties
F 1821.1 Inst 1 Tampering With A Vehicle —Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 1821.1 Inst 2 Identification Of Prosecution And Defendant
See generally FORECITE F F 100.2 Note 1and CALCRIM Motion Bank # CCM-005 and CALCRIM Motion Bank # CCM-006.
F 1821.2Tampering With A Vehicle—Tailoring To Facts: Persons, Places, Things And Theories
F 1821.2 Inst 1 Separate Enumeration Of Combined Elements; Tailoring To Facts
*Modify CC 1821, Element 1 as follows [added language is underlined; deleted language is stricken]:
<Alternative 1A—damaged or tampered with>
[1. The defendant willfully (damaged/ [or] tampered with) someone else’s _______________’s <name of alleged victim> vehicle [or the contents of that vehicle];]
AND
2. The defendant did so willfully;
<Alternative 1B—broke or removed part of>
[1. The defendant willfully (broke/ [or] removed) part of someone else’s _______________’s <name of alleged victim> vehicle;]
2. The defendant did so willfully;
AND
2. The defendant did not have the owner’s _______________’s <name of alleged victim> consent to do that act(;/.)
<Give element 3 when instructing on “in association with” others.>
[AND
3. The defendant acted in association with one or more other persons joined with _______________ <names of other person(s)> in committing the _______________ <alleged act> to accomplish a common unlawful purpose.]
[Delete 5th paragraph.]
Points and Authorities
Tailor To Facts—See FORECITE F 400.2 Inst 1.
Separate Enumeration—See FORECITE F 3500.2 Inst 1.
Incorporation Of Definition [Element 3]—See FORECITE F 417.5 Inst 2.
F 1821.3 Tampering With A Vehicle—Language That Is Argumentative, Confusing, Etc.
F 1821.3 Inst 1 Willfully: Argumentative
See FORECITE F 820.5 Inst 1.
F 1821.4 Tampering With A Vehicle—Burden Of Proof Issues
F 1821.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
See FORECITE F 400.4 Inst 1.
F 1821.5 Tampering With A Vehicle—Elements And Definitions
F 1821.5 Inst 1Willfully: Knowledge
See FORECITE F 820.5 Inst 1.
F 1821.5 Inst 2 “Injure” vs. “Damage”
*Modify CC 1821, first paragraph, as follows [added language is underlined; deleted language is stricken]:
The defendant is charged [in Count(s) _____ <insert Count No(s).>] with (damaging injuring/ [or] tampering with) a vehicle [in violation of Vehicle Code section 10852].
*Modify Alternative 1A) as follows:
[1. The defendant willfully (damaged injured/ [or] tampered with) someone else’s vehicle [or the contents of that vehicle];]
Points and Authorities
This Court Has The Power And Duty To Grant This Instruction Request – [See CALCRIM Motion Bank # CCM-001.]
The CALCRIM Deficiency – Although VC 10852 uses the term “injure” the CALCRIM “committee . . . replaced the word ‘injure’ with the word ‘damage’ because the word ‘injure’ generally refers to harm to a person rather than to property.” (CC 1821, Bench Notes.) However, the dictionary definition of damage expressly applies to both persons and property. (See Levenson & Ricciardulli, California Criminal Jury Instruction Handbook (West 2012-2013), § 7:3, Authors’ Notes, p. 409.) Moreover, by unilaterally replacing a statutory term with its own term the CALCRIM Committee exceeded its authority. (See FORECITE PG XI(A)(3.4).)
F 1821.6 Tampering With A Vehicle—Defense Theories [Reserved]
F 1821.7 Tampering With A Vehicle—Preliminary Fact Issues [Reserved]
F 1821.8 Tampering With A Vehicle—Unanimity/Duplicity/Multiplicity [Reserved]
F 1821.9 Tampering With A Vehicle—Lesser Offense Issues [Reserved]
F 1821 NOTES
F 1821 Note 1 Tampering With A Vehicle—CALCRIM Cross-References And Research Notes
CALCRIM Cross-References:
CALCRIM 1820 [Unlawful Taking or Driving of Vehicle]
Research Notes:
See CLARAWEB Forum, Theft And Extortion—Series 1800.
Annotation, Validity and construction of statute making it a criminal offense to “tamper” with motor vehicle or contents, or to obscure registration plates, 57 ALR3d 606 and Later Case Service.
