CALCRIM (Jury Instructions) Section 2381. controlled substance for money, services, or anything of value.] [A person administers a substance if he or she applie
CALCRIM (Jury Instructions) § 2381
controlled substance for money, services, or anything of value.]
[A person administers a substance if he or she applies it directly to the
body of another person by injection, or by any other means, or causes
the other person to inhale, ingest, or otherwise consume the substance.]
[Under the law, a person becomes one year older as soon as the first
minute of his or her birthday has begun.]
New January 2006; Revised February 2014, September 2017
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of the
crime.
If the defendant is charged with violating Health and Safety Code section 11354(a),
in element 3, the court should replace “18 years of age or older” with “under 18
years of age.”
Give the bracketed paragraph about calculating age if requested. (Fam. Code,
§ 6500; In re Harris (1993) 5 Cal.4th 813, 849–850 [21 Cal.Rptr.2d 373, 855 P.2d
391].)
AUTHORITY
•
Elements. Health & Saf. Code, §§ 11353, 11354, 11380(a).
•
Age of Defendant Element of Offense. People v. Montalvo (1971) 4 Cal.3d 328,
332 [93 Cal.Rptr. 581, 482 P.2d 205].
•
No Defense of Good Faith Belief Offeree Over 18. People v. Williams (1991)
233 Cal.App.3d 407, 410–411 [284 Cal.Rptr. 454]; People v. Lopez (1969) 271
Cal.App.2d 754, 760 [77 Cal.Rptr. 59].
•
Specific Intent. People v. Jackson (1963) 59 Cal.2d 468, 469–470 [30 Cal.Rptr.
329, 381 P.2d 1].
•
Administering. Health & Saf. Code, § 11002.
•
Definition of Analog Controlled Substance. Health & Saf. Code, § 11401; People
v. Davis (2013) 57 Cal.4th 353, 357, fn. 2 [159 Cal.Rptr.3d 405, 303 P.3d 1179].
•
No Finding Necessary for “Expressly Listed” Controlled Substance. People v.
Davis, supra, 57 Cal.4th at p. 362, fn. 5.
LESSER INCLUDED OFFENSES
•
Offering to Sell to Person Not a Minor. Health & Saf. Code, §§ 11352, 11360,
•
Simple Possession of Controlled Substance. Health & Saf. Code, §§ 11350,
11377; People v. Tinajero (1993) 19 Cal.App.4th 1541, 1547 [24 Cal.Rptr.2d
CALCRIM No. 2381
CONTROLLED SUBSTANCES
306
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 2381. controlled substance for money, services, or anything of value.] [A person administers a substance if he or she applie. This means people must follow this rule, and breaking it can lead to criminal penalties.