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SERIES 2100 VEHICLE OFFENSES

F 2142 Failure To Perform Duty Following Accident: Lesser Included Offense (VC 20001, VC 20003 & VC 20004)

TABLE OF CONTENTS
F 2142.1 Titles And Identification Of Parties
F 2142.1 Inst 1 Failure To Perform Duty Following Accident: Lesser Included Offense—Title
F 2142.1 Inst 2 Identification Of Prosecution And Defendant

F 2142.2 Failure To Perform Duty Following Accident: Lesser Included Offense—Tailoring To Facts: Persons, Places, Things And Theories
F 2142.2 Inst 1 Improper To Describe Included Offense As “Lesser”
F 2142.2 Inst 2 Reasonable Doubt As To Greater Or Lesser Offense

Return to Series 2100 Table of Contents.


F 2142.1 Titles And Identification Of Parties

F 2142.1 Inst 1 Failure To Perform Duty Following Accident: Lesser Included Offense—Title

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


F 2142.1 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 2142.2Failure To Perform Duty Following Accident: Lesser Included Offense—Tailoring To Facts: Persons, Places, Things And Theories

F 2142.2 Inst 1 Improper To Describe Included Offense As “Lesser”

See FORECITE LIO CHK VII(A).


F 2142.2 Inst 2 Reasonable Doubt As To Greater Or Lesser Offense

*Add to CC 2142:

If you are satisfied that the defendant was guilty of failing to perform a legal duty following an accident but you have a reasonable doubt as to whether the failure caused property damage or (death/ [or] permanent, serious injury), you must find (him/her) guilt of failure to perform a legal duty following an accident that caused property damage.

Points and Authorities

See FORECITE F 1602.2 Inst 3.

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