September 20th, 2018

The following CALCRIM instructions were addressed by the judicial council effective February 19, 2015:


Instruction Number Instruction Title
New 2024 False Personation
New 3412, 3413 Compassionate Use and Cooperative Collective/Marijuana
359 Corpus Delicti
402, 403, 3426 Natural and Probable Consequences Doctrine Series, Voluntary Intoxication: Effects on Homicide Cases
460, 1300 Attempt Other Than Attempted Murder, Criminal Threat
521, 601 First Degree Murder, Attempted Murder
540B Felony Murder: First Degree—Cooparticipant Allegedly Committed Fatal Act
571, 627 Voluntary Manslaughter: Imperfect Self-Defense or Imperfect Defense of Another—Lesser Included Offense, Hallucination: Effect on Premeditation
592 Gross Vehicular Manslaughter
840 Inflicting Injury on Spouse, Cohabitant, or Fellow Parent Resulting in Traumatic Condition
1005, 1021, 1036, 1051 Sex Crime by Fraud Series
1128 Engaging in Oral Copulation or Sexual Penetration With Child 10 Years of Age or Younger
1140 Showing or Sending Harmful Material to Seduce a Minor
1151 Pandering
1202 Kidnapping: For Ransom, Reward, or Extortion
1602 Robbery: Degrees
2350, 2351, 2352, 2360, 2361, 2362, 2363, 2370, 2375, 2376, 2377 Marijuana Series
2500 Illegal Possession, etc., of Weapon


2652 Resisting an Executive Officer in Performance of Duty
3160 Great Bodily Injury Enhancement
3517, 3518,


Lesser Included Offense Instructions



The specific revisions, deletions and new instructions appear  in this judicial council report:


Here are summaries of the most significant changes:


New False Personation instruction (CC 2024)

Drafted to fill an “apparent need.”


First Degree Murder; Attempted Murder: Premeditation and Deliberation (CC. 521 and 601)

Definitions of premeditation in both of these instructions revised to “make them more consistent.” Also added People v. Pearson (2013) 56 Cal.4th 393, 443–444, regarding the requirement that premeditation must been formed before the defendant acted.


Series of sex crimes by fraud (CALCRIM Nos. 1005, 1021, 1036, 1051)

Per People v. Morales (2013) 212 Cal.App.4th 583—revised sections 261, 286, 288a, and 289 of the Penal Code expanded the potential victims to this crime. It now includes anyone deceived into believing that the person committing the act “is someone known to the victim other than the accused.” Previously, the perpetrator had to have been impersonating the victim’s spouse.


Showing or Sending Harmful Material to Seduce a Minor (CC 1140)

The state Legislature completely redrafted and amended Penal Code section 288.2. CC 1140 was thoroughly revised to “conform to the changes.”


Compassionate Use and cooperative collective marijuana instructions (CALCRIM Nos. 3412 and 3413)

Marijuana defense instruction for cooperative collectives created.


The language for the compassionate use defense was previously embedded in the relevant marijuana instructions. Because that wording is lengthy and the committee decided to create two stand- alone marijuana defense instructions instead of adding significant bulk to each relevant instruction in the marijuana series.