Section 450 | CALCRIM (Jury Instructions)

Challenges to Crimes, § 140.12 (Matthew Bender).
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CALCRIM No. 450
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for each offense, inserting the specific requirements for that offense.
If the prosecution alleges only one theory of liability, do not give this instruction.
Give CALCRIM No. 450, Liability of Corporate Offıcers and Agents: Single Theory
of Liability.
Give element 3A if the alleged offense requires knowledge or general criminal intent
by the defendant. (See Sea Horse Ranch, supra, 24 Cal.App.4th at pp. 456–458;
People v. Epstein (1931) 118 Cal.App. 7, 10 [4 P.2d 555].) Give element 3B if
specific intent is required. If a strict-liability offense is alleged, give only elements 1
and 2. (See People v. Matthews (1992) 7 Cal.App.4th 1052, 1062 [9 Cal.Rptr.2d
348].)
For an example of how to complete this instruction, see the Bench Notes to
CALCRIM No. 450, Liability of Corporate Offıcers and Agents: Single Theory of
Liability.
It is unclear if the court is required to instruct on unanimity. For a discussion of
instructional requirements on unanimity, see CALCRIM No. 3500, Unanimity.
AUTHORITY
•
Liability of Corporate Officer or Agent. Sea Horse Ranch, Inc. v. Superior Court
(1994) 24 Cal.App.4th 446, 456–458 [30 Cal.Rptr.2d 681]; see People v.
Matthews (1992) 7 Cal.App.4th 1052, 1062 [9 Cal.Rptr.2d 348]; Otis v. Superior
Court (1905) 148 Cal. 129, 131 [82 P. 853].
SECONDARY SOURCES
1 Witkin & Epstein, California Criminal Law (4th ed. 2012) Introduction to Crimes,
§§ 117–118.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 140,
Challenges to Crimes, § 140.12 (Matthew Bender).
452–459.
Reserved for Future Use
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