Section 1500 | CALCRIM (Jury Instructions)

[A destructive device is
<insert definition from Pen. Code,
§ 16460>.]
[
<insert type of destructive device from Pen. Code, § 16460>
is a destructive device.]
[The term[s] (explosive/ [and] destructive device) (is/are) defined in
another instruction.]
[Judicial officer means a magistrate, judge, justice, commissioner, or
referee of a state or federal court located in this state, or a person
appointed by a court to serve in one of these capacities.]
New January 2006; Revised February 2012
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give an instruction defining the elements of the
crime.
Give alternative 1A or 1B depending on whether the defendant is charged with
exploding or igniting a destructive device or explosive, or with committing arson.
Give all relevant instructions on the offense alleged. (For arson, see CALCRIM No.
1500, et seq.; for exploding or igniting destructive devices and explosives, see
CALCRIM No. 2500, et seq.)
In element 2, insert one or more of the places specifically protected against
terrorizing. (See Pen. Code, § 11413(b).) These places are:

Any health facility licensed under Health and Safety Code section 1250 et seq.,
or any place where medical care is provided by a licensed health care
professional.

Any church, temple, synagogue, or other place of worship.

The buildings, offices, and meeting sites of organizations that counsel for or
against abortion or among whose major activities are lobbying, publicizing, or
organizing with respect to public or private issues relating to abortion.

Any place at which a lecture, film-showing, or other private meeting or
presentation that educates or propagates with respect to abortion practices or
policies, whether on private property or at a meeting site authorized for specific
use by a private group on public property, is taking place.

Any bookstore or public or private library.

Any building or facility designated as a courthouse.

The home or office of a judicial officer.

Any building or facility regularly occupied by county probation department
personnel in which the employees perform official duties of the probation
department.
CRIMINAL THREATS AND HATE CRIMES
CALCRIM No. 1302
1027

The defendant acted deliberately if (he/she) carefully weighed the
considerations for and against (his/her) choice and, knowing the
consequences, decided to commit the arson. The defendant acted with
premeditation if (he/she) decided to commit the arson before committing
the act that caused the arson.
[The length of time the person spends considering whether to commit
arson does not alone determine whether the arson is deliberate and
premeditated. The amount of time required for deliberation and
premeditation may vary from person to person and according to the
circumstances. A decision to commit arson made rashly, impulsively, or
without careful consideration of the choice and its consequences is not
deliberate and premeditated. On the other hand, a cold, calculated
decision to c