Section 2964 | CALCRIM (Jury Instructions)

[Under the law, a person becomes one year older as soon as the first
minute of his or her birthday has begun.]
<Defense: Good Faith Belief at Least 21>
[The defendant is not guilty of this crime if (he/she) reasonably and
actually believed that
<insert name of person under 21> was
at least 21 years old. The People have the burden of proving beyond a
reasonable doubt that the defendant did not reasonably and actually
believe that
<insert name of person under 21> was at least
21 years old. If the People have not met this burden, you must find the
defendant not guilty of this crime.]
<Defense: Actual Reliance on Identification>
[The defendant did not unlawfully furnish an alcoholic beverage to a
person under 21 years old if:
1. The defendant [or (his/her) (employee/ [or] agent)] demanded to
see a government-issued document as evidence of
’s
<insert name of person under 21> age and identity;

<insert name of person under 21> showed the
defendant [or (his/her) employee/ [or] agent)] a government-
issued document, or what appeared to be a government-issued
document, as evidence of (his/her) age and identity;
AND
3. The defendant [or (his/her) employee/ [or] agent)] actually relied
on the document as evidence of
’s <insert name of
person under 21> age and identity.
As used here, a government-issued document is a document [including a
driver’s license or an identification card issued to a person in the armed
forces] that has been, or appears to have been, issued by a government
agency and contains the person’s name, date of birth, description, and
picture. The government-issued document does not have to be genuine.
[An agent is a person who is authorized to act for the defendant in
dealings with other people.]
The People have the burden of proving beyond a reasonable doubt that
the defendant did not actually rely on a government-issued document, or
what appeared to be a government-issued document, as evidence of
’s <insert name of person under 21> age and identity. If the
People have not met this burden, you must find the defendant not guilty
of this crime.]
New January 2006; Revised August 2006
VANDALISM, LOITERING, AND TRESPASS
CALCRIM No. 2964
761

BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of the
crime.
The court has a sua sponte duty to instruct on proximate cause. (People v.
Bernhardt (1963) 222 Cal.App.2d 567, 590–591 [35 Cal.Rptr. 401].) If there is
evidence of multiple causes of death or injury, the court should also give the
bracketed paragraph on causation that begins with “There may be more than one
cause of (death/ [or] great bodily injury).” (See People v. Autry (1995) 37
Cal.App.4th 351, 363 [43 Cal.Rptr.2d 135]; People v. Pike (1988) 197 Cal.App.3d
732, 746–747 [243 Cal.Rptr. 54].)
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
In In re