CALCRIM (Jury Instructions) Section 2393. New January 2006; Revised September 2018 BENCH NOTES Instructional Duty The court has a sua sponte duty to give this i
CALCRIM (Jury Instructions) § 2393
New January 2006; Revised September 2018
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of the
crime.
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].)
Defenses—Instructional Duty
The court has a sua sponte duty to give the final bracketed paragraph if there is
substantial evidence supporting the defense that the defendant had a reasonable and
good faith belief that the person was over 18 years of age. (People v. Goldstein
(1982) 130 Cal.App.3d 1024, 1036–1037 [182 Cal.Rptr. 207].)
AUTHORITY
•
Elements. Health & Saf. Code, § 11361(a).
•
Age of Defendant Element of Offense. People v. Montalvo (1971) 4 Cal.3d 328,
332 [93 Cal.Rptr. 581, 482 P.2d 205].
•
Good Faith Belief Minor Over 18 Defense to Inducing or Soliciting. People v.
Goldstein (1982) 130 Cal.App.3d 1024, 1036–1037 [182 Cal.Rptr. 207].
•
“Cannabis” Defined. Health & Saf. Code, § 11018.
SECONDARY SOURCES
7 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against Public
Peace and Welfare, § 126.
3 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 73,
Defenses and Justifications, § 73.06[1] (Matthew Bender).
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 145,
Narcotics and Alcohol Offenses, § 145.01[1][a], [3][a] (Matthew Bender).
2394–2399.
Reserved for Future Use
CALCRIM No. 2393
CONTROLLED SUBSTANCES
326
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 2393. New January 2006; Revised September 2018 BENCH NOTES Instructional Duty The court has a sua sponte duty to give this i. This means people must follow this rule, and breaking it can lead to criminal penalties.