Section 2401 | CALCRIM (Jury Instructions)

in the commission of the crime that he or she is no longer
participating. The notification must be made early enough to
prevent the commission of the crime;
AND
2. He or she must do everything reasonably within his or her power
to prevent the crime from being committed. He or she does not
have to actually prevent the crime.
The People have the burden of proving beyond a reasonable doubt that
the defendant did not withdraw. If the People have not met this burden,
you may not find the defendant guilty under an aiding and abetting
theory.]
New January 2006
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of the
crime. (See People v. Beeman (1984) 35 Cal.3d 547, 560–561 [199 Cal.Rptr. 60,
674 P.2d 1318] [duty to instruct on aiding and abetting].)
Defenses—Instructional Duty
If there is evidence that the defendant was merely present at the scene or only had
knowledge that a crime was being committed, the court has a sua sponte duty to
give the bracketed portion that begins with “If you conclude that the defendant was
present.” (People v. Boyd (1990) 222 Cal.App.3d 541, 557, fn. 14 [271 Cal.Rptr.
738]; In re Michael T. (1978) 84 Cal.App.3d 907, 911 [149 Cal.Rptr. 87].)
If there is evidence that the defendant withdrew from participation in the crime, the
court has a sua sponte duty to instruct on withdrawal. (People v. Norton (1958) 161
Cal.App.2d 399, 403 [327 P.2d 87]; People v. Ross (1979) 92 Cal.App.3d 391,
404–405 [154 Cal.Rptr. 783].) Give the bracketed portion that begins with “A
person who aids and abets a crime is not guilty.”
AUTHORITY
•
Elements. Health & Saf. Code, § 11365.
•
Willfully Defined. Pen. Code, § 7(1); People v. Lara (1996) 44 Cal.App.4th 102,
107 [51 Cal.Rptr.2d 402].
•
Aiding and Abetting Required. Health. & Saf. Code, § 11365(b); People v.
Cressey (1970) 2 Cal.3d 836, 848–849 [87 Cal.Rptr. 699, 471 P.2d 19].
•
Knowledge and Willful, Intentional Involvement Required. People v. Brim
(1968) 257 Cal.App.2d 839, 842 [65 Cal.Rptr. 265].
•
Requirements for Aiding and Abetting Generally. People v. Beeman (1984) 35
Cal.3d 547, 560–561 [199 Cal.Rptr. 60, 674 P.2d 1318].
CONTROLLED SUBSTANCES
CALCRIM No. 2401
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