Section 2747 | CALCRIM (Jury Instructions)

combined with other substances to create a new substance that can
release gas and heat rapidly or relatively instantaneously.]
[
<insert type[s] of explosive[s] from Health & Saf. Code,
§ 12000> (is/are) [an] explosive[s].]
[Tear gas means a liquid, gaseous, or solid substance intended to produce
temporary physical discomfort or permanent injury through being
vaporized or otherwise dispersed in the air.]
[A tear gas weapon means any shell, cartridge, or bomb capable of being
discharged or exploded to release or emit tear gas.] [A tear gas weapon
[also] means a revolver, pistol, fountain pen gun, billy, or other device,
portable or fixed, intended specifically to project or release tear gas.] [A
tear gas weapon does not include a device regularly manufactured and
sold for use with firearm ammunition.]
The People do not have to prove that the defendant used or intended to
use the object as a weapon.
[You may consider evidence that the object could be used in a harmless
way in deciding if the object is a deadly weapon as defined here.]
[The People do not have to prove that the object was (concealable[,]/ [or]
carried by the defendant on (his/her) person[,]/ [or] (displayed/visible)).]
[The People allege that the defendant (brought/sent/ [or] assisted in
(bringing/sending)) the following weapons:
<insert
description of each weapon when multiple items alleged>. You may not find
the defendant guilty unless all of you agree that the People have proved
that the defendant (brought/sent/ [or] assisted in (bringing/sending)) at
least one of these weapons and you all agree on which weapon (he/she)
(brought/sent/ [or] assisted in (bringing/sending)).]
<Defense: Conduct Authorized>
[The defendant is not guilty of this offense if (he/she) was authorized to
(bring/send) a weapon into the penal institution by (law[,]/ [or] a person
in charge of the penal institution[,]/ [or] an officer of the penal
institution empowered by the person in charge of the institution to give
such authorization). The People have the burden of proving beyond a
reasonable doubt that the defendant was not authorized to (bring/send)
the weapon into the institution. If the People have not met this burden,
you must find the defendant not guilty of this offense.]
New January 2006; Revised February 2012, September 2020
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of the
crime.
CRIMES AGAINST GOVERNMENT
CALCRIM No. 2747
637

If the prosecution alleges under a single count that the defendant brought or sent
multiple weapons into the institution, the court has a sua sponte duty to instruct on
unanimity. (See People v. Wolfe (2003) 114 Cal.App.4th 177, 184–185 [7
Cal.Rptr.3d 483]; People v. Rowland (1999) 75 Cal.App.4th 61, 65 [88 Cal.Rptr.2d
900].) Give the bracketed paragraph that begins with “The People allege that the
defendant (brought/sent/ [or] assisted in (bringing/sending)),” inserting the items
alleged.
If the defendant is charged