Section 2622 | CALCRIM (Jury Instructions)

from
<insert appropriate description from element 1>
and intended to do so.
[A person acts maliciously when he or she unlawfully intends to annoy,
harm, or injure someone else in any way, or intends to interfere in any
way with the orderly administration of justice.]
[As used here, witness means someone [or a person the defendant
reasonably believed to be someone]:
<Give the appropriate bracketed paragraph[s].>
• [Who knows about the existence or nonexistence of facts relating
to a crime(;/.)]
[OR]
• [Whose declaration under oath has been or may be received as
evidence(;/.)]
[OR]
• [Who has reported a crime to a (peace officer[,]/ [or]
prosecutor[,]/ [or] probation or parole officer[,]/ [or] correctional
officer[,]/ [or] judicial officer)(;/.)]
[OR
• [Who has been served with a subpoena issued under the authority
of any state or federal court.]]
[A person is a victim if there is reason to believe that a federal or state
crime is being or has been committed or attempted against him or her.]
[It is not a defense that the defendant was not successful in preventing
or discouraging the (victim/ [or] witness).]
[It is not a defense that no one was actually physically injured or
otherwise intimidated.]
New January 2006; Revised September 2020, March 2023
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of the
crime.
In element 1, alternative 1A applies to charges under Penal Code section 136.1(a),
which prohibits “knowingly and maliciously” preventing or attempting to prevent a
witness or victim from giving testimony. If the court instructs with alternative 1A,
the court should also give the bracketed definition of “maliciously.” (See People v.
CRIMES AGAINST GOVERNMENT
CALCRIM No. 2622
509

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 requires that a defendant
prevent, rather than influence, testimony. (People v. Womack, supra, 40 Cal.App.4th
at p. 931.)
SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against
Governmental Authority, §§ 5, 6.
4 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 82,
Witnesses, § 82.07, Ch. 84, Motions at Trial, § 84.11 (Matthew Bender).
5 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 91,
Sentencing, §§ 91.23[6][e], 91.43 (Matthew Bender).
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 142, Crimes
Against the Person, § 142.13[4][b]; Ch. 144, Crimes Against Order, § 144.03[2], [4]
(Matthew Bender).
CRIMES AGAINST GOVERNMENT
CALCRIM No. 2622
511

BENCH NOTES
Instructional Duty
If the defendant is charged with a felony based on Penal Code section 136.1(c), the
court has a sua sponte duty to instruct on the alleged sentencing factor. This
instruct