CALCRIM (Jury Instructions) Section 2992. BENCH NOTES Instructional Duty The court has a sua sponte duty to give this instruction defining the elements of the cr
CALCRIM (Jury Instructions) § 2992
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of the
crime.
AUTHORITY
•
Elements. Pen. Code, § 337a(a)(2); Finster v. Keller (1971) 18 Cal.App.3d 836,
847–848 [96 Cal.Rptr. 241]; People v. Cuda (1960) 178 Cal.App.2d 397, 414 [3
Cal.Rptr. 86].
•
Place Applies to Vehicle. People v. Roche (1945) 68 Cal.App.2d 665, 669–670
[157 P.2d 440].
•
Bet Defined. People v. Oreck (1946) 74 Cal.App.2d 215, 220 [168 P.2d 186].
•
Actual Bet Not Required. People v. Cuda (1960) 178 Cal.App.2d 397, 414 [3
Cal.Rptr. 86].
RELATED ISSUES
Ownership Not Required
Test is occupancy, rather than ownership, of the premises for the illegal purposes.
(People v. Reyes (1976) 62 Cal.App.3d 53, 69 [132 Cal.Rptr. 848].)
SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against Public
Peace and Welfare, § 353.
VANDALISM, LOITERING, AND TRESPASS
CALCRIM No. 2992
791
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 2992. 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.