CALCRIM (Jury Instructions) Section 2960. BENCH NOTES Instructional Duty The court has a sua sponte duty to give this instruction defining the elements of the cr
CALCRIM (Jury Instructions) § 2960
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of the
crime.
Give the bracketed sentence about calculating age if requested. (Fam. Code, § 6500;
In re Harris (1993) 5 Cal.4th 813, 849–850 [21 Cal.Rptr.2d 373, 855 P.2d 391].)
Defenses—Instructional Duty
Business and Professions Code section 25662 allows for the lawful possession of
alcohol by a minor if authorized by a responsible adult for a limited purpose. If
there is sufficient evidence, the court has a sua sponte duty to instruct on the
defense. (See People v. Mower (2002) 28 Cal.4th 457, 478–481 [122 Cal.Rptr.2d
326, 49 P.3d 1067] [discussing affirmative defenses generally and the burden of
proof].) Give the bracketed word “unlawfully” in the first sentence and element 1,
and the bracketed paragraph on the defense.
AUTHORITY
•
Elements. Bus. & Prof. Code, § 25662(a).
•
Alcoholic Beverage Defined. Bus. & Prof. Code, § 23004.
•
Authorized Possession Defense. See People v. Fuentes (1990) 224 Cal.App.3d
1041, 1045 [274 Cal.Rptr. 17]; People v. Mower (2002) 28 Cal.4th 457, 478–481
[122 Cal.Rptr.2d 326, 49 P.3d 1067].
SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012), Crimes Against Public
Peace and Welfare, § 364–369.
CALCRIM No. 2960
VANDALISM, LOITERING, AND TRESPASS
752
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 2960. BENCH NOTES Instructional Duty The court has a sua sponte duty to give this instruction defining the elements of the cr. This means people must follow this rule, and breaking it can lead to criminal penalties.