CALCRIM (Jury Instructions) Section 2624. New January 2006; Revised August 2012, March 2021, March 2024 BENCH NOTES Instructional Duty The court has a sua spont
CALCRIM (Jury Instructions) § 2624
New January 2006; Revised August 2012, March 2021, March 2024
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of the
crime.
AUTHORITY
•
Elements. Pen. Code, § 140(a).
•
“Witness” Defined. Pen. Code, § 136(2).
•
“Victim” Defined. Pen. Code, § 136(3).
•
“Public Prosecutor” Defined. Gov. Code, §§ 26500, 12550, 41803.
•
“Law Enforcement Officer” Defined. Pen. Code, § 13519(b).
•
Threat Need Not Be Communicated to Target. People v. McLaughlin (1996) 46
Cal.App.4th 836, 842 [54 Cal.Rptr.2d 4].
•
Reasonable Person Standard. People v. Lowery (2011) 52 Cal.4th 419, 422 [128
Cal.Rptr.3d 648, 257 P.3d 72].
•
First Amendment Requires Recklessness as to Threat. Counterman v. Colorado
(2023) 600 U.S. 66, 69 [143 S.Ct. 2106, 216 L.Ed.2d 775].
SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against
Governmental Authority, § 9.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 140,
Challenges to Crimes, § 140.02; Ch. 142, Crimes Against the Person,
§ 142.11A[1][a] (Matthew Bender).
2625–2629.
Reserved for Future Use
CRIMES AGAINST GOVERNMENT
CALCRIM No. 2624
515
This section of the CALCRIM (Jury Instructions) establishes legal requirements and provisions that apply to specific circumstances in California law.
This section applies when the specific conditions outlined in the statute are met. The exact applicability depends on the facts of each situation.
Penalties vary based on the specific violation and circumstances. They may include fines, imprisonment, or other legal consequences as specified in the California code.
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In simple terms: CALCRIM (Jury Instructions) Section 2624. New January 2006; Revised August 2012, March 2021, March 2024 BENCH NOTES Instructional Duty The court has a sua spont. This means people must follow this rule, and breaking it can lead to criminal penalties.