CALCRIM (Jury Instructions) Section 3002. New March 2018 BENCH NOTES The court has a sua sponte duty to give this instruction defining the elements of the crime.
CALCRIM (Jury Instructions) § 3002
New March 2018
BENCH NOTES
The court has a sua sponte duty to give this instruction defining the elements of the
crime.
AUTHORITY
•
Elements. Pen. Code, § 1320.
•
Requirement of written agreement conforming to Pen. Code, § 1318. People v.
Hernandez (2009) 177 Cal.App.4th 1182 [99 Cal.Rptr.3d 548]; People v. Jenkins
(1983) 146 Cal.App.3d 22 [193 Cal.Rptr. 854].
•
Split of authority over whether substantial compliance with Penal Code section
1318 is sufficient. People v. Carroll (2014) 222 Cal.App.4th 1406 [167
Cal.Rptr.3d 60] (Yes); People v. Mohammed (2008) 162 Cal.App.4th 920 [76
Cal.Rptr.3d 372] (No).
•
Willfully defined. Pen. Code, § 7(1); People v. Lara (1996) 44 Cal.App.4th 102,
107 [51 Cal.Rptr.2d 402].
•
Specific intent. People v. Sutton (1993) 19 Cal.App.4th 795, 799–800 [23
Cal.Rptr.2d 632]; People v. Wesley (1988) 198 Cal.App.3d 519 [243 Cal.Rptr.
785].
•
Mandatory presumption unconstitutional unless instructed as permissive
inference. People v. Forrester (1994) 30 Cal.App.4th 1697, 1703 [37 Cal.Rptr.2d
19].
SECONDARY SOURCES
4 Witkin & Epstein, Cal. Criminal Law (4th Ed. 2012) Pretrial Proceedings,
§§ 135–139.
3003–3009.
Reserved for Future Use
CALCRIM No. 3002
VANDALISM, LOITERING, AND TRESPASS
808
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.
Side-by-side with Westlaw and LexisNexis
| Feature | FlawFinder | Westlaw | LexisNexis |
|---|---|---|---|
| Monthly price | $19 - $99 | $133 - $646 | $153 - $399 |
| Contract | None | 1-3 year min | 1-6 year min |
| Hidden fees | $0, always | Up to $469/search | $25/mo + per-doc |
| Police SOPs | ✓ 310+ departments | ✗ | ✗ |
| Zero-hallucination AI | ✓ CitationGuard | ✗ | ✗ |
| Cancel | One click | Termination fees | No option to cancel |
In simple terms: CALCRIM (Jury Instructions) Section 3002. New March 2018 BENCH NOTES The court has a sua sponte duty to give this instruction defining the elements of the crime.. This means people must follow this rule, and breaking it can lead to criminal penalties.