CALCRIM (Jury Instructions) Section 2306. BENCH NOTES Instructional Duty The court has a sua sponte duty to give an instruction defining the elements of the crim
CALCRIM (Jury Instructions) § 2306
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give an instruction defining the elements of the
crime.
The court must also give the appropriate instructions on the target sexual offense or
offenses in element 4.
AUTHORITY
•
Elements. Health & Saf. Code, §§ 11350.5, 11377.5.
•
Prohibited Controlled Substances. Health & Saf. Code, §§ 11054(e)(3),
11056(c)(11) or (g); 11057(d)(13).
•
Constructive vs. Actual Possession. People v. Barnes (1997) 57 Cal.App.4th 552,
556 [67 Cal.Rptr.2d 162].
•
Knowledge. People v. Horn (1960) 187 Cal.App.2d 68, 74–75 [9 Cal.Rptr. 578].
•
Usable Amount. People v. Rubacalba (1993) 6 Cal.4th 62, 65–67 [23 Cal.Rptr.2d
628, 859 P.2d 708]; People v. Piper (1971) 19 Cal.App.3d 248, 250 [96
Cal.Rptr. 643].
SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against Public
Peace and Welfare, §§ 105, 106.
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Sex Offenses and
Crimes Against Decency, §§ 1–69.
2307–2314.
Reserved for Future Use
CALCRIM No. 2306
CONTROLLED SUBSTANCES
248
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 2306. 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.