CALCRIM (Jury Instructions) Section 3010. New March 2022 BENCH NOTES Instructional Duty The court has a sua sponte duty to give this instruction defining the ele
CALCRIM (Jury Instructions) § 3010
New March 2022
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, § 632(a).
•
Confidential Communication. Pen. Code, § 632(c); Flanagan v. Flanagan (2002)
27 Cal.4th 766, 774–776 [117 Cal.Rptr.2d 574, 41 P.3d 575].
•
Exceptions. Pen. Code, § 632(e) & (f).
RELATED ISSUES
Intent to Record Confidential Communication
In People v. Superior Court of Los Angeles County (1969) 70 Cal.2d 123, 133 [74
Cal.Rptr. 294, 449 P.2d 230], the California Supreme Court interpreted a prior but
similar version of Penal Code section 632 and held that the recording of a
confidential communication must be intentional.
Prostitution and Reasonable Expectation of Privacy
“A person’s participation in sexual activities at a private residence in exchange for
money, without more, does not necessarily cause them to expect that their words
and actions will be recorded without their consent.” (People v. Lyon (2021) 61
Cal.App.5th 237, 247 [275 Cal.Rptr.3d 581].)
Wiretapping
Wiretapping is the interception of communications by an unauthorized connection to
the transmission line. (See Pen. Code, § 631.) Penal Code section 632 does not
prohibit wiretapping but instead prohibits the interception of communications with
equipment that is not connected to a transmission line. (See People v. Ratekin
(1989) 212 Cal.App.3d 1165, 1168 [261 Cal.Rptr. 143].)
SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against Public
Peace and Welfare, § 71.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 144, Crimes
Against Order, § 144.20 (Matthew Bender).
3011–3099.
Reserved for Future Use
CALCRIM No. 3010
VANDALISM, LOITERING, AND TRESPASS
810
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 3010. New March 2022 BENCH NOTES Instructional Duty The court has a sua sponte duty to give this instruction defining the ele. This means people must follow this rule, and breaking it can lead to criminal penalties.