CALCRIM (Jury Instructions) Section 2320. BENCH NOTES Instructional Duty The court has a sua sponte duty to give this instruction defining the elements of the cr
CALCRIM (Jury Instructions) § 2320
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of the
crime.
Use this instruction when the prosecution alleges that the defendant obtained or
possessed the narcotic by using a forged prescription. When the prosecution alleges
that the defendant forged or attempted to use a forged prescription without obtaining
the narcotic, use CALCRIM No. 2320, Forged Prescription for Narcotic.
AUTHORITY
•
Elements. Health & Saf. Code, § 11368; People v. Beesly (1931) 119 Cal.App.
82, 86 [6 P.2d 114] [intent to defraud not an element]; People v. Katz (1962) 207
Cal.App.2d 739, 745 [24 Cal.Rptr. 644].
•
Narcotic Drug. Health & Saf. Code, § 11019.
•
Prescription. Health & Saf. Code, §§ 11027, 11164, 11164.5.
•
Persons Authorized to Write Prescriptions. Health & Saf. Code, § 11150.
•
Forgery of Prescription by Telephone. People v. Jack (1965) 233 Cal.App.2d
446, 455 [43 Cal.Rptr. 566].
SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against Public
Peace and Welfare, §§ 152, 154.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 145,
Narcotics and Alcohol Offenses, § 145.01[1][a]–[d], [2][b], [c] (Matthew Bender).
2322–2329.
Reserved for Future Use
CALCRIM No. 2321
CONTROLLED SUBSTANCES
256
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 2320. BENCH NOTES Instructional Duty The court has a sua sponte duty to give this instruction defining the elements of the cr. This means people must follow this rule, and breaking it can lead to criminal penalties.