Section 2620 | CALCRIM (Jury Instructions)

New January 2006
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of the
crime.
Give the bracketed sentence that beings with “A person makes a threat of force”
whenever the prosecution alleges that the defendant made a threat. (Pen. Code,
§ 137(b).)
Give the bracketed sentence that begins with “The People do not need to prove
that” if the evidence shows that the testimony or information of the alleged target
was not affected.
AUTHORITY
•
Elements. Pen. Code, § 137(b).
•
Threat Defined. Pen. Code, § 137(b).
•
Law Enforcement Official Defined. Pen. Code, § 137(e).
•
Specific Intent Required. People v. Womack (1995) 40 Cal.App.4th 926, 929–930
[47 Cal.Rptr.2d 76].
LESSER INCLUDED OFFENSES
The misdemeanor offense of knowingly inducing a false statement to a law
enforcement official in violation of Penal Code section 137(c) is not a lesser
included offense of section 137(b) because the latter offense lacks the element that
the defendant must actually cause a false statement to be made. (People v. Miles
(1996) 43 Cal.App.4th 575, 580 [51 Cal.Rptr.2d 52].)
RELATED ISSUES
Penal Code Sections 137(b), 136.1, and 138
Because one cannot “influence” the testimony of a witness if the witness does not
testify, a conviction under Penal Code section 137(b) is inconsistent with a
conviction under Penal Code section 136.1 or 138, which require that a defendant
prevent, rather than influence, testimony. (People v. Womack (1995) 40 Cal.App.4th
926, 931 [47 Cal.Rptr.2d 76].)
SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against
Governmental Authority, §§ 6, 12.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 141,
Conspiracy, Solicitation, and Attempt, § 141.10 (Matthew Bender).
CRIMES AGAINST GOVERNMENT
CALCRIM No. 2620
505