Section 2501 | CALCRIM (Jury Instructions)

minor injury alone. (Compare People v. Medellin (2020) 45 Cal.App.5th 519,
533–535 [258 Cal.Rptr.3d 867] [the definition was reasonably susceptible to
prosecutor’s erroneous argument that the injury need only be greater than minor]
with People v. Quinonez (2020) 46 Cal.App.5th 457, 466 [260 Cal.Rptr.3d 86]
[upholding instructions containing great bodily injury definition as written].)
AUTHORITY
•
Elements. Pen. Code, § 21310.
•
Need Not Prove Intent to Use. People v. Rubalcava (2000) 23 Cal.4th 322, 328
[96 Cal.Rptr.2d 735, 1 P.3d 52].
•
Knowledge Required. People v. Rubalcava (2000) 23 Cal.4th 322, 331–332 [96
Cal.Rptr.2d 735, 1 P.3d 52].
•
Substantial Concealment. People v. Wharton (1992) 5 Cal.App.4th 72, 75 [6
Cal.Rptr.2d 673]; People v. Fuentes (1976) 64 Cal.App.3d 953, 955 [134
Cal.Rptr. 885].
•
Explosive Defined. Health & Saf. Code, § 12000; People v. Clark (1990) 50
Cal.3d 583, 604 [268 Cal.Rptr. 399, 789 P.2d 127].
•
Dirk or Dagger Defined. Pen. Code, § 16470.
•
Dirk or Dagger—No Length Requirement. In re Victor B. (1994) 24 Cal.App.4th
521, 526 [29 Cal.Rptr.2d 362].
•
Dirk or Dagger—Object Not Originally Designed as Knife. In re Victor B.
(1994) 24 Cal.App.4th 521, 525–526 [29 Cal.Rptr.2d 362].
•
Dirk or Dagger—Capable of Ready Use. People v. Sisneros (1997) 57
Cal.App.4th 1454, 1457 [67 Cal.Rptr.2d 782].
•
Dirk or Dagger—Pocketknives. In re Luke W. (2001) 88 Cal.App.4th 650,
655–656 [105 Cal.Rptr.2d 905]; In re George W. (1998) 68 Cal.App.4th 1208,
1215 [80 Cal.Rptr.2d 868].
RELATED ISSUES
Knowledge Element
“[T]he relevant language of section 12020 is unambiguous and establishes that
carrying a concealed dirk or dagger does not require an intent to use the concealed
instrument as a stabbing weapon.” (People v. Rubalcava (2000) 23 Cal.4th 322, 328
[96 Cal.Rptr.2d 735, 1 P.3d 52] [interpreting now-repealed Pen. Code, § 12020].)
However, “to commit the offense, a defendant must still have the requisite guilty
mind: that is, the defendant must knowingly and intentionally carry concealed upon
his or her person an instrument ‘that is capable of ready use as a stabbing weapon.’
([now repealed] § 12020(a), (c)(24).) A defendant who does not know that he is
carrying the weapon or that the concealed instrument may be used as a stabbing
weapon is therefore not guilty of violating section 12020.” (Id. at pp. 331–332
WEAPONS
CALCRIM No. 2501
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[emphasis in original] [referencing repealed Pen. Code § 12020; see now Pen. Code,
§§ 16479, 21310].)
Definition of Dirk or Dagger
The definition of “dirk or dagger” contained in Penal Code section 16470 was
effective on January 1, 2012. Prior decisions interpreting the meaning of “dirk or
dagger” should be viewed with caution. (See People v. Mowatt (1997) 56
Cal.App.4th 713, 719–720 [65 Cal.Rptr.2d 722] [comparing old and new
definitions]; People v. Sisneros (1997) 57 Cal.App.4th 1454, 1457 [67 Cal.Rptr.2d
782] [same]; In re George W. (1998) 68 Cal.App.4th 1208, 1215 [80 Cal.Rptr.2d
868] [discussing 1997 amendme