Section 2700 | CALCRIM (Jury Instructions)

RELATED ISSUES
Violation of Order to Pay Support—Court May Suspend Proceedings
If the defendant is charged with violating Penal Code section 166(a)(4) based on a
failure to pay child, spousal, or family support, the court may suspend criminal
proceedings if the defendant acknowledges his or her obligation to pay and posts a
bond or other surety. (Pen. Code, § 166.5.)
Person Not Directly Bound by Order
A person who is not directly bound by a court order may nevertheless violate Penal
Code section 166(a)(4) if he or she acts in concert with a person who is directly
bound by the order. (People v. Saffell (1946) 74 Cal.App.2d Supp. 967, 978–979
[168 P.2d 497]; Berger v. Superior Court (1917) 175 Cal. 719, 721 [167 P. 143].)
“[A] nonparty to an injunction is subject to the contempt power of the court when,
with knowledge of the injunction, the nonparty violates its terms with or for those
who are restrained.” (People v. Conrad (1997) 55 Cal.App.4th 896, 903 [64
Cal.Rptr.2d 248] [italics in original].) The mere fact that the nonparty shares the
same purpose as the restrained party is not sufficient. (Ibid.) “An enjoined party
. . . has to be demonstrably implicated in the nonparty’s activity.” (Ibid.)
Violating Condition of Probation
A defendant may not be prosecuted under Penal Code section 166(a)(4) for violating
a condition of probation. (People v. Johnson (1993) 20 Cal.App.4th 106, 109 [24
Cal.Rptr.2d 628].)
SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against
Governmental Authority, § 31.
1 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 1, The
California Defense Advocate, § 1.30 (Matthew Bender).
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 142, Crimes
Against the Person, § 142.13[4]; Ch. 144, Crimes Against Order, § 144.10[1]
(Matthew Bender).
CRIMES AGAINST GOVERNMENT
CALCRIM No. 2700
595

proved. If the jury finds that the either allegation was not proved, then the offense
should be set at a misdemeanor.
RELATED ISSUES
See the Related Issues section of CALCRIM No. 2700, Violation of Court Order.
SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against
Governmental Authority, § 31.
1 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against the
Person, §§ 64, 66–68.
1 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 11, Arrest,
§ 11.02[1] (Matthew Bender).
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 142, Crimes
Against the Person, § 142.13[4] (Matthew Bender).
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CRIMES AGAINST GOVERNMENT
600