CALCRIM (Jury Instructions) Section 2689. If the defendant is charged under Penal Code section 415.5(a)(2), give bracketed element 2 and insert the type of scho
CALCRIM (Jury Instructions) § 2689
If the defendant is charged under Penal Code section 415.5(a)(2), give bracketed
element 2 and insert the type of school from the statute. If there is sufficient
evidence that the exemption in Penal Code section 415.5(f) applies, the court has a
sua sponte duty to give bracketed element 3.
If the defendant is charged under Penal Code section 415(1), give only element 1.
Do not give bracketed elements 2 and 3.
AUTHORITY
•
Elements. Pen. Code, §§ 415(2), 415.5(a)(2).
•
Willfully Defined. Pen. Code, § 7(1); People v. Lara (1996) 44 Cal.App.4th 102,
107 [51 Cal.Rptr.2d 402].
•
Maliciously Defined. Pen. Code, § 7(4).
•
Loud and Unreasonable Noise Defined. In re Brown (1973) 9 Cal.3d 612,
618–621 [108 Cal.Rptr. 465, 510 P.2d 1017].
SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against Public
Peace and Welfare, §§ 2–3, 50.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 144, Crimes
Against Order, § 144.22 (Matthew Bender).
CALCRIM No. 2689
CRIMES AGAINST GOVERNMENT
588
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 2689. If the defendant is charged under Penal Code section 415.5(a)(2), give bracketed element 2 and insert the type of scho. This means people must follow this rule, and breaking it can lead to criminal penalties.