Section 253 | CALCRIM (Jury Instructions)

aiding and abetting or conspiracy. (See People v. McCoy (2001) 25 Cal.4th 1111,
1117–1118 [108 Cal.Rptr.2d 188, 24 P.3d 1210]; People v. Bernhardt, supra, 222
Cal.App.2d at pp. 586–587.)
If the defendant is also charged with a criminal negligence or strict liability offense,
insert the name of the offense where indicated in the first sentence. The court may
also give CALCRIM No. 253, Union of Act and Intent: Criminal Negligence, or
CALCRIM No. 254, Union of Act and Intent: Strict-Liability Crime.
Defenses—Instructional Duty
“A person who commits a prohibited act ‘through misfortune or by accident, when it
appears that there was no evil design, intention or culpable negligence’ has not
committed a crime.” (People v. Jeffers (1996) 41 Cal.App.4th 917, 922 [49
Cal.Rptr.2d 86] [quoting Pen. Code, § 26].) Similarly, an honest and reasonable
mistake of fact may negate general criminal intent. (People v. Hernandez (1964) 61
Cal.2d 529, 535–536 [39 Cal.Rptr. 361, 393 P.2d 673].) If there is sufficient
evidence of these or other defenses, such as unconsciousness, the court has a sua
sponte duty to give the appropriate defense instructions. (See Defenses and Insanity,
CALCRIM No. 3400 et seq.)
AUTHORITY
•
Statutory Authority. Pen. Code, § 20; see also Evid. Code, §§ 665, 668.
•
Instructional Requirements. People v. Hill (1967) 67 Cal.2d 105, 117 [60
Cal.Rptr. 234, 429 P.2d 586]; People v. Bernhardt (1963) 222 Cal.App.2d 567,
586–587 [35 Cal.Rptr. 401]; People v. Jeffers (1996) 41 Cal.App.4th 917,
920–923 [49 Cal.Rptr.2d 86].
•
History of General-Intent Requirement. Morissette v. United States (1952) 342
U.S. 246 [72 S.Ct. 240, 96 L.Ed.2d 288]; see also People v. Garcia (2001) 25
Cal.4th 744, 754 [107 Cal.Rptr.2d 355, 23 P.3d 590].
•
This Instruction Upheld. People v. Ibarra (2007) 156 Cal.App.4th 1174, 1189
[67 Cal.Rptr.3d 871].
SECONDARY SOURCES
1 Witkin & Epstein, California Criminal Law (4th ed. 2012) Elements, §§ 1–5.
4 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 85,
Submission to Jury and Verdict, § 85.03[2][e] (Matthew Bender).
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 140,
Challenges to Crimes, § 140.02[1], [2] (Matthew Bender).
CALCRIM No. 250
POST-TRIAL: INTRODUCTORY
64

Cal.App.2d 567, 586–587 [35 Cal.Rptr. 401].)
This instruction does not apply to criminal negligence or strict liability. If the
defendant is also charged with a criminal negligence or strict liability offense, the
court should give the appropriate Union of Act and Intent instruction: CALCRIM
No. 253, Union of Act and Intent: Criminal Negligence, or CALCRIM No. 254,
Union of Act and Intent: Strict-Liability Crime.
Defenses—Instructional Duty
Evidence of voluntary intoxication or mental impairment may be admitted to show
that the defendant did not form the required mental state. (See People v. Ricardi
(1992) 9 Cal.App.4th 1427, 1432 [12 Cal.Rptr.2d 364].) The court has no sua sponte
duty to instruct on these defenses; however, the