Tag Archives: CC 1301

Stalking Instruction Upheld But Has Possible Problem
September 4th, 2015

The language of CC 1301 was upheld against several challenges in People v. Ibarra (2007) 156 Cal. App. 4th 1174, 1195-1197. In Ibarra, the Court of Appeal also rejected a request for a unanimity instruction noting that stalking always involves a continuous course of conduct over a period of time. (Id. at 1198.) The Court […]

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Factors Relevant To Existence Of “Credible Threats”
April 20th, 2014

  It is a defendant’s entire course of conduct, including conduct and statements to third parties that foreseeably a victim may be told, that is relevant to establishing a credible threat and not necessarily any particular intent that the comments be conveyed to the victim. (People v. Norman (1999) 75 Cal. App. 4th 1234.)

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Court Should Decide Whether Defendant’s Conduct Is Constitutionally Protected
March 30th, 2014

  On April 23, 2010, CC 1301 was revised to delete element 4 which required the prosecution to prove that “The defendant’s course of conduct was not constitutionally protected.” According to the CC Committee,“whether conduct is constitutionally protected is not an issue for the jury to decide.” CC 1301 was further revised to instruct the […]

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