Section 2142 | CALCRIM (Jury Instructions)

If causation is at issue, the court has a sua sponte duty to instruct on proximate
cause. (People v. Bernhardt (1963) 222 Cal.App.2d 567, 590–591 [35 Cal.Rptr.
401].) If the evidence indicates that there was only one cause of death or injury, the
court should give the “direct, natural, and probable” language in the first bracketed
paragraph on causation. If there is evidence of multiple causes of death or injury,
the court should also give the “substantial factor” instruction in the second
bracketed paragraph on causation. (See People v. Autry (1995) 37 Cal.App.4th 351,
363 [43 Cal.Rptr.2d 135]; People v. Pike (1988) 197 Cal.App.3d 732, 746–747 [243
Cal.Rptr. 54].)
If the defendant is charged under Vehicle Code section 20001(b)(1) with leaving the
scene of an accident causing injury, but not death or permanent, serious injury,
delete the words “death” and “permanent, serious” from the instruction. If the
defendant is charged under Vehicle Code section 20001(b)(2) with leaving the scene
of an accident causing death or permanent, serious injury, use either or both of these
options throughout the instruction, depending on the facts of the case. When
instructing on both offenses, give this instruction using the words “death” and/or
“permanent, serious injury,” and give CALCRIM No. 2142, Failure to Perform Duty
Following Accident: Lesser Included Offense.
Give bracketed element 4(e) only if the accident caused a death.
Give the bracketed portion that begins with “The driver is not required to provide
assistance” if there is an issue over whether assistance by the defendant to the
injured person was necessary in light of aid provided by others. (See People v.
Scheer (1998) 68 Cal.App.4th 1009, 1027 [80 Cal.Rptr.2d 676]; People v. Scofield
(1928) 203 Cal. 703, 708 [265 P. 914]; see also discussion in the Related Issues
section below.)
Give the bracketed paragraph defining “involved in a vehicle accident” if that is an
issue in the case.
Give the bracketed paragraph stating that “the driver is required to identify himself
or herself as the driver” if there is evidence that the defendant stopped and
identified himself or herself but not in a way that made it apparent to the other
parties that the defendant was the driver. (People v. Kroncke (1999) 70 Cal.App.4th
1535, 1546 [83 Cal.Rptr.2d 493].)
Give the bracketed paragraph that begins with “If the accident caused the defendant
to be unconscious” if there is sufficient evidence that the defendant was unconscious
or disabled at the scene of the accident.
On request, give CALCRIM No. 2241, Driver and Driving Defined.
AUTHORITY
•
Elements. Veh. Code, §§ 20001, 20003 & 20004.
•
Sentence for Death or Permanent Injury. Veh. Code, § 20001(b)(2).
•
Sentence for Injury. Veh. Code, § 20001(b)(1).
•
Knowledge of Accident and Injury. People v. Holford (1965) 63 Cal.2d 74,
CALCRIM No. 2140
VEHICLE OFFENSES
172

SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against Public
Peace and Welf