September 20th, 2018

The following CALCRIM instructions were addressed by the judicial council effective August 26, 2016:


Instruction Number

                           Instruction Title

Duty to Abide by Translation Provided in Court

375 Evidence of Uncharged Offense to Prove Identity, Intent, Common Plan, etc.
416 Evidence of Uncharged Conspiracy
418 Coconspirator’s Statements
703 Special Circumstances: Intent Requirement for Accomplice

After June 5, 1990—Felony Murder (Pen. Code, § 190.2(d))

731 Special Circumstances: Murder in Commission of Felony—Kidnapping With Intent to Kill After March 8, 2000 (Pen.Code, § 190.2(a)(17))
732 Special Circumstances: Murder in Commission of Felony—Arson With Intent to Kill (Pen. Code, § 190.2(a)(17))
946 Battery Against Custodial Officer (Pen. Code, §§ 242, 243.1)
102 Oral Copulation While in Custody (Pen. Code, § 288a(a),(e))
1037 Sodomy While in Custody (Pen. Code, § 286(e))
1045 Sexual Penetration by Force, Fear, or Threats (Pen. Code, §289(a)(1), (2), (g))
1111 Lewd or Lascivious Act: By Force or Fear (Pen. Code, §288(b)(1))
1121 Annoying or Molesting a Child in a Dwelling (Pen. Code, §647.6(a)–(c))
1122 Annoying or Molesting a Child (Pen. Code, § 647.6(a)–(c))
1125 Arranging Meeting With Minor for Lewd Purpose (Pen. Code,§ 288.4(a)(1)
1126 Going to Meeting With Minor for Lewd Purpose (Pen. Code,§288.4(b))
1193 Testimony on Child Sexual Abuse Accommodation Syndrome
1502 Arson: Inhabited Structure or Property (Pen. Code, §451(b))
1515 Arson (Pen. Code, § 451(c–d))
1800 Theft by Larceny (Pen. Code, § 484)
1802 Theft: As Part of Overall Plan
2000 Insurance Fraud: Fraudulent Claims (Pen. Code, §550(a)(1), (4)–(7) & (9))
2361 Transporting or Giving Away Marijuana: More Than 28.5 Grams (Health & Saf. Code, § 11360(a))
2362 Offering to Transport or Give Away Marijuana: Not MoreThan 28.5 Grams—Misdemeanor (Health & Saf. Code, § 11360(b)
2363 Offering to Transport or Give Away Marijuana: More Than 28.5Grams (Health & Saf. Code, § 11360(a))
2630 Evidence Tampering by Peace Officer or Other Person (Pen. Code, § 141)
2651 Trying to Prevent an Executive Officer From Performing Duty (Pen. Code, § 69)
2652 Resisting an Executive Officer in Performance of Duty (Pen.Code, § 69)
2653 Taking Firearm or Weapon While Resisting Peace Officer or Public Officer (Pen. Code, § 148(b) & (c))
2655 Causing Death or Serious Bodily Injury While Resisting Peace Officer (Pen. Code, § 148.10(a) & (b))
2656 Resisting Peace Officer, Public Officer, or EMT (Pen. Code,§148(a))
2670 Lawful Performance: Peace Officer
2720 Assault by Prisoner Serving Life Sentence (Pen. Code, § 4500)
2721 Assault by Prisoner (Pen. Code, § 4501
2735 Holding a Hostage (Pen. Code, § 4503)
2901 Vandalism: Amount of Damage (Pen. Code, § 594(b)(1))
2980 Contributing to Delinquency of Minor (Pen. Code, § 272)
3220 Amount of Loss (Pen. Code, § 12022.6)
3223 Reckless Driving With Specified Injury (Veh. Code, § 23105(a))



Error to Give CC 370 For Crimes Which Include Motive As An Element

Added the following Bench Note to CC 370 and CC 1121, CC 1122, CC 1125, and CC 1126:

Do not give CALCRIM No. 370, Motive, with this instruction because motive is an element of the crime. (People v. Valenti (2016) 243 Cal.App.4th 1140, 1165; People v. Maurer (1995) 32 Cal.App.4th 1121, 1126–1127.



CC 375: Revised Discussion of Burden of Proof

In Light of People v. Virgil (2011) 51 Cal.4th 1210, 1258-1259 jury may consider

evidence by two different evidentiary standards: “If the jury finds the facts sufficiently proven [by a preponderance of the evidence] for consideration, it must still decide whether the f        acts are sufficient, taken with all the other evidence, to prove the defendant’s guilt beyond a reasonable doubt.” (Id. at 1259-1260.)


CC 418: Instruction Revised Re: Overt Act Committed By “Another Member of the Conspiracy”

Instruction revised to read as follows:

To decide whether (the/a) defendant or another member of the conspiracy committed (this/these) overt act[s], consider all of the evidence presented about the act[s].


CC 703, CC 731, and CC 732: Discussion of Special Circumstance Instructions

  1. Bench notes revised in light of People v. Odom (2016) 244 Cal.App.4th237, 256-257.
  2. Modification of instructions recommended when “multiple special circumstances are charged, one or more of which require intent to kill, the court may need to modify this instruction.”


CC 1045 Sexual Penetration

Notes revised to include sexual battery PC 243(a) and PC 243(e) (1) as lesser included offense under the “expanded accusatory pleading test per People v. Ortega (2015) 240 Cal.App.4th 956, 967-970


CC 1111: Lesser Included Note

Lewd or Lascivious Act on Child Under 14 (PC 288) is lesser included.


CC 1193: Discussion of Sua Sponte Duty When Expert Testifies Regarding CSAAS

  1. CALCRIM concludes in light of, inter alia, People v. Mateo (2016) 243 Cal.App.4th1063, 1073-74 — that instruction need only be given upon request.
  2. Retained citation to People v. Housley (1992) 6 Cal.App.4th 947, 958–959 which did find a sua sponte duty.


CC 1502: Application to Both Inhabited Structure or Inhabited Property; Burning One’s Own Property

  1. Instruction revised to include burning of “inhabited property.”
  2. Note added re: applicability of the statute when a person burns his own property.


CC 2000: Insurance Fraud

Modified first element to provide as follows:

  1. The defendant knowingly committed the following crime[s] [or] [aided and abetted] [or] [solicited] [or] [conspired with someone else] to commit (it/them)]:


CC 3220: Great Taking Enhancement Applicable to Aider and Abettor

Added note that the Great Taking Enhancement Encompasses Liability of Aiders and Abettors in light of People v. Acosta (2014) 226 Cal.App.4th 108, 123-6.


CC 2361, 2362, 2363: Transportation “For Sale”

Modified definition of “transports” to provide as follows:

A person transports something if he or she carries or moves it for sale from one location to another, even if the distance is short.]


CC 2651-2656, CC 2670: Photographing Officers

Added the following instructional language:

   Photographing or recording an executive officer while the officer is in a public place or while the person photographing or recording is in a place where he or   she has the right to be is not, by itself, a crime.


CC 1800, CC 1802: “Serial Thief” – Multiple Counts

          Added the following citation to People v. Whitmer (2014) 59 Cal.4th 733, 740-741 and the following note:

A serial thief “may be convicted of multiple counts of grand theft based on separate and distinct acts of theft, even if committed pursuant to a single overarching            scheme.” [disapproving any interpretation of People v. Bailey (1961) 55 Cal.2d 514 inconsistent with this conclusion.]