CALCRIM (Jury Instructions) Section 1303. BENCH NOTES Instructional Duty The court has a sua sponte duty to give an instruction defining the elements of the crim
CALCRIM (Jury Instructions) § 1303
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give an instruction defining the elements of the
crime.
Give alternative A or B depending on whether or not there is evidence that the
defendant was voluntary intoxicated.
The legislature included the Nazi swastika as an example of a prohibited symbol.
Although Pen. Code, § 11411 states that reckless disregard may provide the
necessary mental state for committing this crime, this provision may run counter to
the Supreme Court’s holding in Virginia v. Black (2003) 538 U.S. 343, 365–366
[123 S.Ct. 1536, 155 L.Ed.2d 535] [without specific intent requirement, statute
prohibiting cross burning was unconstitutional.]
AUTHORITY
•
Elements. Pen. Code, §§ 11411(a) & (b).
•
Definition of Reckless Disregard per Pen. Code, § 11411(c). People v. Carr
(2000) 81 Cal.App.4th 837, 845–846 [97 Cal.Rptr.2d 143] [noting that voluntary
intoxication is not a defense to violations of Pen. Code, § 11411].
•
Requirement of Specific Intent. Virginia v. Black (2003) 538 U.S. 343, 365–366
[123 S.Ct. 1536, 155 L.Ed.2d 535].
SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against Public
Peace and Welfare, § 20.
CRIMINAL THREATS AND HATE CRIMES
CALCRIM No. 1303
1031
This section of the CALCRIM (Jury Instructions) establishes legal requirements and provisions that apply to specific circumstances in California law.
This section applies when the specific conditions outlined in the statute are met. The exact applicability depends on the facts of each situation.
Penalties vary based on the specific violation and circumstances. They may include fines, imprisonment, or other legal consequences as specified in the California code.
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In simple terms: CALCRIM (Jury Instructions) Section 1303. BENCH NOTES Instructional Duty The court has a sua sponte duty to give an instruction defining the elements of the crim. This means people must follow this rule, and breaking it can lead to criminal penalties.