CALCRIM (Jury Instructions) Section 2917. the vagrancy and not to the loitering provision of the statute. McSherry v. Block (9th Cir. 1989) 880 F.2d 1049, 1053.
CALCRIM (Jury Instructions) § 2917
the vagrancy and not to the loitering provision of the statute. McSherry v. Block (9th
Cir. 1989) 880 F.2d 1049, 1053.
In the absence of binding authority on how to resolve an apparent ambiguity in the
statute, the court must exercise its own discretion to determine whether loitering is
required if the defendant is charged with the conduct described in paragraph 1B, or
whether paragraphs 1A and 1B define separate ways in which this offense may be
committed.
AUTHORITY
•
Elements. Pen. Code, § 653b.
•
Specific Intent to Commit Crime Required. In re Christopher S. (1978) 80
Cal.App.3d 903, 911 [146 Cal.Rptr. 247]; People v. Hirst (1973) 31 Cal.App.3d
75, 82–83 [106 Cal.Rptr. 815]; People v. Frazier (1970) 11 Cal.App.3d 174, 183
[90 Cal.Rptr. 58]; Mandel v. Municipal Court (1969) 276 Cal.App.2d 649, 663
[81 Cal.Rptr. 173].
RELATED ISSUES
Activity Protected by First Amendment
In Mandel v. Municipal Court (1969) 276 Cal.App.2d 649, 670–674 [81 Cal.Rptr.
173], the court held that the defendant could not be convicted of loitering near a
school for an unlawful purpose when the defendant was giving the students leaflets
protesting the war and calling for a student strike. (See also People v. Hirst (1973)
31 Cal.App.3d 75, 85–86 [106 Cal.Rptr. 815].)
SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against Public
Peace and Welfare, § 72.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 144, Crimes
Against Order, § 144.02 (Matthew Bender).
2918–2928.
Reserved for Future Use
VANDALISM, LOITERING, AND TRESPASS
CALCRIM No. 2917
731
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 2917. the vagrancy and not to the loitering provision of the statute. McSherry v. Block (9th Cir. 1989) 880 F.2d 1049, 1053.. This means people must follow this rule, and breaking it can lead to criminal penalties.