Section 2749 | CALCRIM (Jury Instructions)

A penal institution is a (state prison[,]/ [or] prison camp or farm[,]/ [or]
jail[,]/ [or] county road camp[,]/ [or] place where prisoners of the state
prison are located under the custody of prison officials, officers, or
employees).
[A usable amount is a quantity that is enough to be used by someone as
a controlled substance. Useless traces [or debris] are not usable amounts.
On the other hand, a usable amount does not have to be enough, in
either amount or strength, to affect the user.]
[An object is intended to be used for injecting or consuming a controlled
substance if the defendant (1) actually intended it to be so used, or (2)
should have known, based on the item’s objective features, that it was
intended for such use.]
[The People allege that the defendant (brought/sent/ [or] assisted in
(bringing/sending)) the following items:
<insert description
of each controlled substance or all paraphernalia 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 items and you all
agree on which item (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) the (substance/item) 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 (substance/item) into the institution. If the People have not met this
burden, you must find the defendant not guilty of this offense.]
New March 2022
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of the
crime.
If the defendant is charged with bringing or sending a controlled substance, give
elements 1 through 5. If the defendant is charged with bringing or sending
paraphernalia, give elements 1 through 3 only.
If the controlled substance is not listed in the schedules set forth in sections 11054
through 11058 of the Health and Safety Code, give the bracketed phrase “an analog
of” in element 4.
CALCRIM No. 2749
CRIMES AGAINST GOVERNMENT
646

If the prosecution alleges under a single count that the defendant brought or sent
multiple items 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 there is sufficient evidence that the defendant was authorized to bring or send the