SERIES 2300 CONTROLLED SUBSTANCES
F 2384 Inducing Minor To Violate Controlled Substance Laws (HS 11353, HS 11354, HS 11380(a))
TABLE OF CONTENTS
F 2384.1 Titles And Identification Of Parties
F 2384.1 Inst 1 Inducing Minor To Violate Controlled Substance Laws—Title
F 2384.1 Inst 2 Identification Of Prosecution And Defendant
F 2384.2 Inducing Minor To Violate Controlled Substance Laws—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
F 2384.3 Inducing Minor To Violate Controlled Substance Laws—Language That Is Argumentative, Confusing, Etc.
F 2384.3 Inst 1 Willfully: Argumentative
F 2384.4 Inducing Minor To Violate Controlled Substance Laws—Burden Of Proof Issues
F 2384.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
F 2384.4 Inst 2 (a-c) Good Faith Defense: Correction Of Burden Shifting Language
F 2384.5 Inducing Minor To Violate Controlled Substance Laws—Elements And Definitions
F 2384.5 Inst 1 Incorporate Elements Of Predicate Crimes In Element To Which They Apply
F 2384.5 Inst 2 Willfully: Knowledge
F 2384.5 Inst 3 Separate Enumeration Of Combined Elements; “Willfully” As Discrete Element
F 2384.6 Inducing Minor To Violate Controlled Substance Laws—Defense Theories [Reserved]
F 2384.7 Inducing Minor To Violate Controlled Substance Laws—Preliminary Fact Issues [Reserved]
F 2384.8 Inducing Minor To Violate Controlled Substance Laws— Unanimity/ Duplicity/ Multiplicity [Reserved]
F 2384.9 Inducing Minor To Violate Controlled Substance Laws—Lesser Offense Issues [Reserved]
Return to Series 2300 Table of Contents.
F 2384.1 Titles And Identification Of Parties
F 2384.1 Inst 1 Inducing Minor To Violate Controlled Substance Laws—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 2384.1 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 2384.2 Inducing Minor To Violate Controlled Substance Laws—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
F 2384.3 Inducing Minor To Violate Controlled Substance Laws—Language That Is Argumentative, Confusing, Etc.
F 2384.3 Inst 1 Willfully: Argumentative
See FORECITE F 820.3 Inst 1.
F 2384.4 Inducing Minor To Violate Controlled Substance Laws—Burden Of Proof Issues
F 2384.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
See FORECITE F 400.4 Inst 1.
F 2384.4 Inst 2 (a-c) Good Faith Defense: Correction Of Burden Shifting Language
*Modify CC 2384, <Defense: Good Faith Belief Over 18> , as follows:
Alternative a [deleted language is stricken]:
[The defendant is not guilty of this crime if (he/she) reasonably and actually believed that ___________ <insert name of person solicited> was 18 years of age or older. The People have the burden of proving beyond a reasonable doubt that the defendant did not reasonably and actually believe that ___________ <insert name of person solicited> was at least 18 years of age. If the People have not met this burden, you must find the defendant not guilty of this crime.]
Alternative b [added language is underlined; deleted language is stricken]:
[The defendant is not guilty of this crime if (he/she) reasonably and unless the prosecution proves that:
A. The defendant actually believed that ___________ <insert name of person solicited> was 18 years of age or older.
OR
B. The defendant unreasonably believed that ___________ <insert name of person solicited> was 18 years of age or older.
In other words, the People have the burden of proving beyond a reasonable doubt that the defendant did not reasonably and actually believe that ___________ <insert name of person solicited> was at least 18 years of age. If the People have not met this burden, you must find the defendant not guilty of this crime.]
Alternative c [Pinpoint CC 3400 format]:
The prosecution must prove the defendant committed the crime[s] of _______________ <insert alleged crime[s]>. The defendant contends (he/she) did not commit (this crime/these crimes) and that (he/she) reasonably and actually believed that _______________ <insert name of person solicited> was at least 18 years of age. The prosecution must prove that the defendant did not reasonably and actually believe that _______________ <insert name of person solicited> was at least 18 years of age and committed the crime[s] with which (he/she) is charged. The defendant does not need to prove (he/she) reasonably and actually believed that _______________ <insert name of person solicited> was at least 18 years of age. If you have a reasonable doubt about whether the prosecution has met its burden of proving that the defendant did not reasonably and actually believe that _______________ <insert name of person solicited> was at least 18 years of age, or about any other essential fact or element necessary to prove the defendant guilty, you must find (him/her) not guilty.
Points and Authorities
See FORECITE F 404.2 Inst 1; F 315.1.2 Inst 2.
F 2384.5 Inducing Minor To Violate Controlled Substance Laws—Elements And Definitions
F 2384.5 Inst 1 Incorporate Elements Of Predicate Crimes In Element To Which They Apply
*Add to CC 2384, Element 2, as follows:
To do so the prosecution must prove all of the following beyond a reasonable doubt:
A. _________________.
AND
B. ________________.
AND
C. _________________.
[Delete paragraph 3 [referring jurors to other “separate instructions.”]
Points and Authorities
See FORECITE F 402.5 Inst 6.
F 2384.5 Inst 2 Willfully: Knowledge
See FORECITE F 820.5 Inst 1.
F 2384.5 Inst 3 Separate Enumeration Of Combined Elements; “Willfully” As Discrete Element
*Modify CC 2384, Element 1, as follows [added language is underlined; deleted language is stricken]:
1. The defendant willfully (solicited/induced/encouraged/intimidated) ___________ <insert name of person solicited> to commit the crime of ___________ <insert description of Health and Safety Code violation alleged> [of] ___________ <insert type of controlled substance>;
2. The defendant did so willfully.
[Renumber remaining elements.]
Points and Authorities
See FORECITE F 820.3 Inst 2.
F 2384.6 Inducing Minor To Violate Controlled Substance Laws—Defense Theories[Reserved]
F 2384.7 Inducing Minor To Violate Controlled Substance Laws—Preliminary Fact Issues[Reserved]
F 2384.8 Inducing Minor To Violate Controlled Substance Laws— Unanimity/ Duplicity/ Multiplicity[Reserved]
F 2384.9 Inducing Minor To Violate Controlled Substance Laws—Lesser Offense Issues [Reserved]
