Section 1302 | CALCRIM (Jury Instructions)

Any private property, if the property was targeted because of the race, color,
religion, ancestry, national origin, disability, gender, or sexual orientation of the
owner or occupant of the property.

Any public or private school providing instruction in kindergarten or grades 1
to 12, inclusive.
Depending on the device or substance used, give the bracketed definitions of
“explosive” or “destructive device,” inserting the appropriate definition from Penal
Code section 16460 or 16510, unless the court has already given the definition in
other instructions. In such cases, the court may give the bracketed sentence stating
that the term is defined elsewhere. If the case involves a specific device listed in
Health and Safety Code section 12000 or Penal Code section 16460, the court may
instead give the bracketed sentence stating that the listed item “is an explosive” or
“is a destructive device.” For example, “A grenade is a destructive device.”
However, the court may not instruct the jury that the defendant used a destructive
device. For example, the court may not state that “the defendant used a destructive
device, a grenade,” or “the device used by the defendant, a grenade, was a
destructive device.” (People v. Dimitrov (1995) 33 Cal.App.4th 18, 25–26 [39
Cal.Rptr.2d 257].)
If the device used is a bomb, the court may insert the word “bomb” in the bracketed
definition of destructive device without further definition. (People v. Dimitrov, supra,
33 Cal.App.4th at p. 25.) Appellate courts have held that the term “bomb” is not
vague and is understood in its “common, accepted, and popular sense.” (People v.
Quinn (1976) 57 Cal.App.3d 251, 258 [129 Cal.Rptr. 139]; People v. Dimitrov,
supra, 33 Cal.App.4th at p.25 [39 Cal.Rptr.2d 257].) If the court wishes to define
the term “bomb,” the court may use the following definition: “A bomb is a device
carrying an explosive charge fused to blow up or detonate under certain conditions.”
(See People v. Morse (1992) 2 Cal.App.4th 620, 647, fn. 8 [3 Cal.Rptr.2d 343].)
If it is alleged in element 2 that the home or office of a judicial officer was attacked
(Pen. Code, § 11413(b)(7)), the final bracketed paragraph defining “judicial officer”
(see Pen. Code, § 11413(c)) may be given on request.
Related Instructions
Penal Code section 11413 does not prohibit prosecution under Penal Code section
18740 or any other provision of law. (Pen. Code, § 11413(e).) Section 18740
prohibits the possession or explosion of any destructive device or explosive with the
intent to injure or terrify any person, or with the intent to injure or destroy property.
For instructions relating to the wrongful possession or explosion of destructive
devices or explosives, see series 2500, Weapons, Destructive Devices, and
Explosives.
AUTHORITY
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Elements. Pen. Code, § 11413.
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Destructive Device Defined. Pen. Code, § 16460.
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Explosive Defined. Health & Saf. Code, § 12000.
CALCRIM No. 1302
CRIMINAL THREATS AND HATE CRIMES
1028

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Definition of Reckless Disregard