Section 2933 | CALCRIM (Jury Instructions)

2932. Trespass: Entry Into Dwelling (Pen. Code, § 602.5(a) & (b))
The defendant is charged [in Count
] with trespassing [in
violation of Penal Code section 602.5].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant willfully entered or remained in a noncommercial
(dwelling house[,]/ [or] apartment[,]/ [or other] residential place)
belonging to someone else;
[AND]
2. The defendant entered or remained without the consent of the
(owner[,]/ [or] owner’s agent[,]/ [or] person in lawful possession
of the property)(;/.)
<Give element 3 if evidence shows defendant may have been public
offıcer.>
[AND
3. The defendant was not a public officer or employee acting in the
lawful performance of (his/her) duties as a public officer or
employee.]
Someone commits an act willfully when he or she does it willingly or on
purpose.
[An agent is a person who is authorized to act for someone else in
dealings with third parties.]
New January 2006
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 aggravated trespass under Penal Code section
602.5(b), the court must also give CALCRIM No. 2933, Trespass: Person Present,
with this instruction.
If there is sufficient evidence that the defendant was a public officer or employee,
the court has a sua sponte duty to instruct on the defense. Give bracketed element
3. If lawful performance is an issue, the court has a sua sponte duty to instruct on
when a public officer is lawfully performing his or her duties and that the
prosecution has the burden of proving lawful performance beyond a reasonable
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