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]