SERIES 2100 VEHICLE OFFENSES
F 2141 Failure To Perform Duty Following Accident: Death Or Injury—Defendant Nondriving Owner Or Passenger In Control (VC 20001, VC 20003 & VC 20004)
TABLE OF CONTENTS
F 2141.1 Titles And Identification Of Parties
F 2141.1 Inst 1 Failure To Perform Duty Following Accident: Death Or Injury—Defendant Nondriving Owner Or Passenger In Control—Title
F 2141.1 Inst 2 Identification Of Prosecution And Defendant
F 2141.2 Failure To Perform Duty Following Accident: Death Or Injury—Defendant Nondriving Owner Or Passenger In Control—Tailoring To Facts: Persons, Places, Things And Theories
F 2141.2 Inst 1 Separate Enumeration Of Combined Elements; Tailoring To Facts
F 2141.3 Failure To Perform Duty Following Accident: Death Or Injury—Defendant Nondriving Owner Or Passenger In Control—Language That Is Argumentative, Confusing, Etc.
F 2141.3 Inst 1 Willfully: Argumentative
F 2141.4 Failure To Perform Duty Following Accident: Death Or Injury—Defendant Nondriving Owner Or Passenger In Control—Burden Of Proof Issues
F 2141.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
F 2141.5 Failure To Perform Duty Following Accident: Death Or Injury—Defendant Nondriving Owner Or Passenger In Control—Elements And Definitions
F 2141.5 Inst 1 Duties To Be Performed At Scene Of Accident
F 2141.5 Inst 2 Willfully: Knowledge
F 2141.5 Inst 3 Hit And Run: Duties Limited To The Scene Of The Accident
F 2141.5 Inst 4 Incorporate Definition Of Causation Into Enumerated Elements
F 2141.6 Failure to Perform Duty Following Accident: Death or Injury—Defendant Nondriving Owner or Passenger in Control—Defense Theories
F 2141.6 Inst 1 Juror Consideration Of Fact That Bystanders Could Have Provided Assistance
F 2141.6 Inst 2 Juror Consideration That Accident Was Unavoidable Or Caused By Someone Else
F 2141.6 Inst 3 Felony Hit And Run: Consideration Of Circumstances Of The Collision
F 2141.6 Inst 4 Hit And Run: Unconsciousness As Complete Defense To Duty To Render Aid
F 2141.6 Inst 5 Hit And Run: No Duty To Render Aid If It Is Being Adequately Provided By Another
F 2141.6 Inst 6 Hit And Run: Necessity As Defense
F 2141.7 Failure To Perform Duty Following Accident: Death Or Injury—Defendant Nondriving Owner Or Passenger In Control—Preliminary Fact Issues [Reserved]
F 2141.8 Failure To Perform Duty Following Accident: Death Or Injury—Defendant Nondriving Owner Or Passenger In Control—Unanimity/Duplicity/Multiplicity [Reserved]
F 2141.9 Failure To Perform Duty Following Accident: Death Or Injury—Defendant Nondriving Owner Or Passenger In Control—Lesser Offense Issues [Reserved]
F 2141 Notes
F 2141 Note 1 Failure To Perform Duty Following Accident: Death Or Injury—Defendant Nondriving Owner Or Passenger In Control—CALCRIM Cross-References And Research Notes
Return to Series 2100 Table of Contents.
F 2141.1 Titles And Identification Of Parties
F 2141.1 Inst 1 Failure To Perform Duty Following Accident: Death Or Injury—Defendant Nondriving Owner Or Passenger In Control—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 2141.1 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 2141.2Failure To Perform Duty Following Accident: Death Or Injury—Defendant Nondriving Owner Or Passenger In Control—Tailoring To Facts: Persons, Places, Things And Theories
F 2141.2 Inst 1 Separate Enumeration Of Combined Elements; Tailoring To Facts
*Modify CC 2140, Element 1, as follows [added language is underlined; deleted language is stricken]:
1. The defendant [owned and] was riding as a passenger in a vehicle;
2. The vehicle was involved in an accident;
2 3. At the time of the accident, the defendant had full authority to direct and control the vehicle even though another person was driving the vehicle;
4. _______________ <name of injured/killed person> [was killed] [sustained serious injury during the accident] caused (the death of/ [or] [permanent, serious] injury to) someone else;
5. _______________’s <name of injured/killed person> [death] [serious injury] was caused by the accident;
4 6. The defendant knew that the vehicle had been involved in an accident that injured another person [or knew from the nature of the accident that it was probable that another person had been injured];
AND
4. The defendant willfully failed to perform one or more of the following duties:
7. The defendant failed to _________________<specify duty/duties to perform relied on by the prosecution e.g, stop at the scene, provide assistance, etc.>;
8. The defendant’s failure to perform the [duty] [duties] was willful.
[Delete duties.]
…
Points and Authorities
Tailor To Facts—See FORECITE F 400.2 Inst 1.
Separate Enumeration—See FORECITE F 3500.2 Inst 2.
Willfully: Separate Enumeration—See FORECITE F 840.5 Inst 3.
F 2141.3 Failure To Perform Duty Following Accident: Death Or Injury—Defendant Nondriving Owner Or Passenger In Control—Language That Is Argumentative, Confusing, Etc.
F 2141.3 Inst 1 Willfully: Argumentative
See FORECITE F 2140.3 Inst 1.
F 2141.4 Failure To Perform Duty Following Accident: Death Or Injury—Defendant Nondriving Owner Or Passenger In Control—Burden Of Proof Issues
F 2141.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
See FORECITE F 400.4 Inst 1.
F 2141.5 Failure To Perform Duty Following Accident: Death Or Injury—Defendant Nondriving Owner Or Passenger In Control—Elements And Definitions
F 2141.5 Inst 1 Duties To Be Performed At Scene Of Accident
See FORECITE F 2140.5 Inst 1.
F 2141.5 Inst 2 Willfully: Knowledge
See FORECITE F 2140.5 Inst 2.
F 2141.5 Inst 3 Hit And Run: Duties Limited To The Scene Of The Accident
See FORECITE F 2140.5 Inst 3.
F 2141.5 Inst 4Incorporate Definition Of Causation Into Enumerated Elements
See FORECITE F 1551.5 Inst 7.
F 2141.6 Failure to Perform Duty Following Accident: Death or Injury—Defendant Nondriving Owner or Passenger in Control – Defense Theories
F 2141.6 Inst 1 Juror Consideration Of Fact That Bystanders Could Have Provided Assistance
See FORECITE F 2140.6 Inst 2.
F 2141.6 Inst 2 Juror Consideration That Accident Was Unavoidable Or Caused By Someone Else
See FORECITE F 2140.6 Inst 3.
F 2141.6 Inst 3 Felony Hit And Run:Consideration Of Circumstances Of The Collision
See FORECITE F 2140.6 Inst 4.
F 2141.6 Inst 4 Hit And Run: Unconsciousness As Complete Defense To Duty To Render Aid
See FORECITE F 2140.5 Inst 5.
F 2141.6 Inst 5 Hit And Run: No Duty To Render Aid If It Is Being Adequately Provided By Another
See FORECITE F 2140.6 Inst 6.
F 2141.6 Inst 6 Hit And Run: Necessity As Defense
See FORECITE F 2140.6 Inst 7.
F 2141.7 Failure To Perform Duty Following Accident: Death Or Injury—Defendant Nondriving Owner Or Passenger In Control—Preliminary Fact Issues [Reserved]
F 2141.8 Failure To Perform Duty Following Accident: Death Or Injury—Defendant Nondriving Owner Or Passenger In Control—Unanimity/Duplicity/Multiplicity [Reserved]
F 2141.9 Failure To Perform Duty Following Accident: Death Or Injury—Defendant Nondriving Owner Or Passenger In Control—Lesser Offense Issues [Reserved]
F 2141 NOTES
F 2141 Note 1 Failure To Perform Duty Following Accident: Death Or Injury—Defendant Nondriving Owner Or Passenger In Control—CALCRIM Cross-References And Research Notes
CALCRIM Cross-References:
See FORECITE F 2140 Notes.
CALCRIM 2140 [Failure To Perform Duty Following Accident: Death Or Injury — Defendant Driver]
Research Notes:
See CLARAWEB Forum, Vehicle Offenses—Series 2100.
