CALCRIM (Jury Instructions) Section 1832. 2. Harms the threatened person’s reputation or other interest so greatly that he or she would be likely to sign (a/an)
CALCRIM (Jury Instructions) § 1832
2. Harms the threatened person’s reputation or other interest so
greatly that he or she would be likely to sign (a/an) (document/
check/
<specify other paper or instrument>) to
prevent the fact from being revealed.]
New January 2006
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of the
crime.
Depending on the evidence, in element 1, give the appropriate alternative A–C
describing the threat. (See Pen. Code, § 519.)
AUTHORITY
•
Elements. Pen. Code, § 522.
•
Coerced Consent. People v. Goodman (1958) 159 Cal.App.2d 54, 61 [323 P.2d
536]; People v. Peck (1919) 43 Cal.App. 638, 645 [185 P. 881] [extortion under
Pen. Code, §§ 518, 519].
•
Crime Complete When Document Signed. People v. Massengale (1970) 10
Cal.App.3d 689, 692 [89 Cal.Rptr. 237].
•
Fear Must Be Controlling Cause. People v. Goodman (1958) 159 Cal.App.2d 54,
61 [323 P.2d 536] [extortion under Pen. Code, §§ 518, 519].
•
Secret Defined. People v. Lavine (1931) 115 Cal.App. 289, 295 [1 P.2d 496]
[extortion under Pen. Code, §§ 518, 519].
•
Unlawful Injury Defined. People v. Schmitz (1908) 7 Cal.App. 330, 369–370 [94
P. 407, 94 P. 419] [extortion under Pen. Code, §§ 518, 519].
•
Threat to Accuse of Crime Includes Threat to Continue Pursuit of Criminal
Charge. People v. Umana (2006) 138 Cal.App.4th 625, 640–641 [41 Cal.Rptr.3d
573].
LESSER INCLUDED OFFENSES
•
Attempted Extortion. Pen. Code, § 524.
SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against
Property, § 126.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 143, Crimes
Against Property, § 143.02 (Matthew Bender).
1833–1849.
Reserved for Future Use
THEFT AND EXTORTION
CALCRIM No. 1832
1197
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 1832. 2. Harms the threatened person’s reputation or other interest so greatly that he or she would be likely to sign (a/an). This means people must follow this rule, and breaking it can lead to criminal penalties.