Section 2654 | CALCRIM (Jury Instructions)

independent witness has given testimony that you believe, which
supports the conclusion that the defendant made the statement
about (his/her) intent and actually touched the firearm.]
[5. (a) The defendant actually had (his/her) hand on the firearm; (b)
the defendant tried to take it away from
<insert
offıcer’s name, excluding title>, who was holding it; and (c) an
independent witness has given testimony that you believe, which
supports the conclusion that the defendant actually had (his/her)
hand on the firearm and tried to take it away from the officer.]
[6. The defendant’s fingerprint[s] (was/were) found on the firearm or
holster.]
[7. Physical evidence authenticated by a scientifically verifiable
procedure establishes that the defendant touched the firearm.]
[8.
’s <insert offıcer’s name, excluding title> firearm fell
during a struggle and the defendant attempted to pick it up.]
[A person may intend to take a weapon from an officer without
intending to permanently deprive the officer of the firearm.]
[A firearm is any device designed to be used as a weapon, from which a
projectile is discharged or expelled through a barrel by the force of an
explosion or other form of combustion.]
[The term firearm is defined in another instruction to which you should
refer.]
[A person who is employed as a police officer by
<insert
name of agency that employs police offıcer> is a peace officer.]
[A person employed by
<insert name of agency that employs
peace offıcer, e.g., “the Department of Fish and Wildlife”> is a peace officer
if
<insert description of facts necessary to make employee a
peace offıcer, e.g., “designated by the director of the agency as a peace
offıcer”>.]
[An officer or employee of
<insert name of state or local
government agency that employs public offıcer> is a public officer.]
[The duties of (a/an)
<insert title of peace or public offıcer>
include
<insert job duties>.]
<When lawful performance is an issue, give the following paragraph and
Instruction 2670, Lawful Performance: Peace Offıcer.>
[A peace officer is not lawfully performing his or her duties if he or she
is (unlawfully arresting or detaining someone/ [or] using unreasonable or
excessive force in his or her duties). Instruction 2670 explains (when an
arrest or detention is unlawful/ [and] when force is unreasonable or
CRIMES AGAINST GOVERNMENT
CALCRIM No. 2654
543