The following CALCRIM instructions were addressed by the judicial council effective August 26, 2016:
| Instruction Title
Duty to Abide by Translation Provided in Court
||Evidence of Uncharged Offense to Prove Identity, Intent, Common Plan, etc.
||Evidence of Uncharged Conspiracy
||Special Circumstances: Intent Requirement for Accomplice
After June 5, 1990—Felony Murder (Pen. Code, § 190.2(d))
||Special Circumstances: Murder in Commission of Felony—Kidnapping With Intent to Kill After March 8, 2000 (Pen.Code, § 190.2(a)(17))
||Special Circumstances: Murder in Commission of Felony—Arson With Intent to Kill (Pen. Code, § 190.2(a)(17))
||Battery Against Custodial Officer (Pen. Code, §§ 242, 243.1)
||Oral Copulation While in Custody (Pen. Code, § 288a(a),(e))
||Sodomy While in Custody (Pen. Code, § 286(e))
||Sexual Penetration by Force, Fear, or Threats (Pen. Code, §289(a)(1), (2), (g))
||Lewd or Lascivious Act: By Force or Fear (Pen. Code, §288(b)(1))
||Annoying or Molesting a Child in a Dwelling (Pen. Code, §647.6(a)–(c))
||Annoying or Molesting a Child (Pen. Code, § 647.6(a)–(c))
||Arranging Meeting With Minor for Lewd Purpose (Pen. Code,§ 288.4(a)(1)
||Going to Meeting With Minor for Lewd Purpose (Pen. Code,§288.4(b))
||Testimony on Child Sexual Abuse Accommodation Syndrome
||Arson: Inhabited Structure or Property (Pen. Code, §451(b))
||Arson (Pen. Code, § 451(c–d))
||Theft by Larceny (Pen. Code, § 484)
||Theft: As Part of Overall Plan
||Insurance Fraud: Fraudulent Claims (Pen. Code, §550(a)(1), (4)–(7) & (9))
||Transporting or Giving Away Marijuana: More Than 28.5 Grams (Health & Saf. Code, § 11360(a))
||Offering to Transport or Give Away Marijuana: Not MoreThan 28.5 Grams—Misdemeanor (Health & Saf. Code, § 11360(b)
||Offering to Transport or Give Away Marijuana: More Than 28.5Grams (Health & Saf. Code, § 11360(a))
||Evidence Tampering by Peace Officer or Other Person (Pen. Code, § 141)
||Trying to Prevent an Executive Officer From Performing Duty (Pen. Code, § 69)
||Resisting an Executive Officer in Performance of Duty (Pen.Code, § 69)
||Taking Firearm or Weapon While Resisting Peace Officer or Public Officer (Pen. Code, § 148(b) & (c))
||Causing Death or Serious Bodily Injury While Resisting Peace Officer (Pen. Code, § 148.10(a) & (b))
||Resisting Peace Officer, Public Officer, or EMT (Pen. Code,§148(a))
||Lawful Performance: Peace Officer
||Assault by Prisoner Serving Life Sentence (Pen. Code, § 4500)
||Assault by Prisoner (Pen. Code, § 4501
||Holding a Hostage (Pen. Code, § 4503)
||Vandalism: Amount of Damage (Pen. Code, § 594(b)(1))
||Contributing to Delinquency of Minor (Pen. Code, § 272)
||Amount of Loss (Pen. Code, § 12022.6)
||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
- Bench notes revised in light of People v. Odom (2016) 244 Cal.App.4th237, 256-257.
- 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
- 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.
- 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
- Instruction revised to include burning of “inhabited property.”
- 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:
- 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.]