Section 251 | CALCRIM (Jury Instructions)

D.
UNION OF ACT AND INTENT
250. Union of Act and Intent: General Intent
The crime[s] [or other allegation[s]] charged in this case require[s] proof
of the union, or joint operation, of act and wrongful intent.
For you to find a person guilty of the crime[s] (in this case/ of
<insert name[s] of alleged offense[s] and count[s], e.g.,
battery, as charged in Count 1> [or to find the allegation[s] of
<insert name[s] of enhancement[s]> true]), that person must
not only commit the prohibited act [or fail to do the required act], but
must do so with wrongful intent. A person acts with wrongful intent
when he or she intentionally does a prohibited act [or fails to do a
required act]; however, it is not required that he or she intend to break
the law. The act required is explained in the instruction for that crime
[or allegation].
New January 2006; Revised June 2007, April 2008, April 2011, March 2022
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to instruct on the union of act and general criminal
intent. (People v. Jeffers (1996) 41 Cal.App.4th 917, 920–923 [49 Cal.Rptr.2d 86].)
However, this instruction must not be used if the crime requires a specific mental
state, such as knowledge or malice, even if the crime is classified as a general intent
offense. In such cases, the court must give CALCRIM No. 251, Union of Act and
Intent: Specific Intent or Mental State. (See People v. Southard (2021) 62
Cal.App.5th 424, 437 [276 Cal.Rptr.3d 656] [discussing Pen. Code, § 148, Pen.
Code, § 69, and Health & Saf. Code, § 11377]; People v. Barker (2004) 34 Cal.4th
345, 360 [18 Cal.Rtpr.3d 260] [discussing Pen. Code, § 290].)
If the case involves both offenses requiring a specific intent or mental state and
offenses that do not, the court may give CALCRIM No. 252, Union of Act and
Intent: General and Specific Intent Together, in place of this instruction.
The court should specify for the jury which offenses require only a general criminal
intent by inserting the names of the offenses and count numbers where indicated in
the second paragraph of the instruction. (People v. Hill (1967) 67 Cal.2d 105, 118
[60 Cal.Rptr. 234, 429 P.2d 586].) If all the charged crimes and allegations involve
general intent, the court need not provide a list in the blank provided in this
instruction.
If the defendant is charged with aiding and abetting or conspiracy to commit a
general-intent offense, the court must instruct on the specific intent required for
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1. (He/She) (found the firearm/took the firearm from a person who
was committing a crime against the defendant);
[AND]
2. (He/She) possessed the firearm no longer than was necessary to
deliver or transport the firearm to a law enforcement agency for
that agency to dispose of the weapon(;/.)
[AND
3. If the defendant was transporting the firearm to a law
enforcement agency, (he/she) had given prior notice to the agency
that (he/she) would be delivering a firearm to the agency for
disposal.]
The defendant has the burden of proving