Section 2997 | CALCRIM (Jury Instructions)

instrument with the intent to disguise or aid in disguising the
source of the funds or the nature of the criminal activity.]
Conducting includes, but is not limited to, initiating, participating in, or
concluding a transaction.
Financial institution means (any national bank or banking institution/
<insert appropriate entity from Pen. Code, § 186.9(b)>)
located or doing business in the state of California.
A transaction includes the (deposit/ [or] withdrawal/ [or] transfer/ [or]
bailment/ [or] loan/ [or] pledge/ [or] payment/ [or] exchange) of
(currency/ [or] a monetary instrument/ [or] the electronic, wire,
magnetic, or manual transfer) of funds between accounts by, through, or
to, a financial institution.
A monetary instrument means (money of the United States of America/
[or]
<insert appropriate item from Pen. Code, § 186.9(d)>.
Criminal activity means (a criminal offense punishable under the laws of
the state of California by [death or] imprisonment in the state prison/
[or] a criminal offense committed in another jurisdiction, which, under
the laws of that jurisdiction is punishable by death or imprisonment for
a term exceeding one year).
[Foreign bank draft means a bank draft or check issued or made out by
a foreign (bank/ [or] savings and loan/ [or] casa de cambio/ [or] credit
union/ [or] currency dealer or exchanger/ [or] check cashing business/
[or] money transmitter/ [or] insurance company/ [or] investment or
private bank) [or any other foreign financial institution that provides
similar financial services,] on an account in the name of the foreign bank
or foreign financial institution held at a bank or other financial
institution located in the United States or a territory of the United
States.]
<Give the following paragraph if a sentence enhancement is alleged
pursuant to Pen. Code, § 186.10(c).>
[If you find the defendant guilty of this crime, you must then determine
whether the [total] value of the [attempted] transaction[s] was more than
<insert alleged minimum value> but less than
<insert
alleged top limit>. The People have the burden of proving this additional
allegation beyond a reasonable doubt. If the People have not met this
burden, you must find that this allegation has not been proved.]
New August 2009; Revised April 2010
CALCRIM No. 2997
VANDALISM, LOITERING, AND TRESPASS
802

BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of the
crime.
If the definition of proceeds is an issue, see United States v. Santos (2008) 553 U.S.
507 [128 S.Ct. 2020, 2022, 170 L.Ed.2d 912], holding that “proceeds” in the federal
money laundering statute means “profits” in the context of an illegal gambling
scheme.
AUTHORITY
•
Elements. Pen. Code, § 186.10; People v. Mays (2007) 148 Cal.App.4th 13, 29
[55 Cal.Rptr.3d 356].
•
Definitions. Pen. Code, § 186.9.
•
Definition of Proceeds. United States v. Santos (2008) 553 U.S. 507 [128 S.Ct.
2020, 2022, 170 L.Ed.2d 912].
SECONDARY SOURCES
2 Witkin & Epst