California Crimonal Jury Instructions-CALCRIM

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California Criminal Jury Instructions
Series 200 POST-TRIAL: INTRODUCTORY
D. UNION OF ACT AND INTENT
CALCRIM 250

POST-TRIAL: INTRODUCTORY CALCRIM No. 250

D. UNION OF ACT AND INTENT

250. Union of Act and Intent: General Intent

The crime[s] [or other allegation[s]] charged in this case require[s]
proof of the union, or joint operation, of act and wrongful intent.
For you to find a person guilty of the crime[s] (in this case/ of____________ <insert name[s] of alleged offense[s] and count[s], e.g., battery, as charged in Count 1> [or to find the allegation[s] of <insert name[s] of enhancement[s]> true]), that person must not only commit the prohibited act [or fail to do the required act], but must do so with wrongful intent. A person acts with wrongful intent when he or she intentionally does a prohibited act, however, it is not required that he or she intend to break the law. The act required is explained in the instruction for that crime [or allegation].

New January 2006; Revised June 2007, April 2008

BENCH NOTES

Instructional Duty

The court has a sua sponte duty to instruct on the union of act and general criminal intent. (People v. Jeffers (1996) 41 Cal.App.4th 917, 920–923 [49 Cal.Rptr.2d 86].) However, this instruction must not be used if the crime requires a specific mental state, such as knowledge or malice, even if the crime is classified as a general intent offense. In such cases, the court must give CALCRIM No. 251, Union of Act and Intent: Specific Intent or Mental State.

If the case involves both offenses requiring a specific intent or mental state and offenses that do not, the court may give CALCRIM No. 252, Union of Act and Intent: General and Specific Intent Together, in place of this instruction.

The court should specify for the jury which offenses require only a general criminal intent by inserting the names of the offenses and count numbers where indicated in the second paragraph of the instruction. (People v. Hill (1967) 67 Cal.2d 105, 118 [60 Cal.Rptr. 234, 429 P.2d 586].) If all the charged crimes and allegations involve general intent, the court need not provide a list in the blank provided in this instruction.

63.

CALCRIM 250. Union of Act and Intent: General Intent-Jury-Page-63
CALCRIM 250. Union of Act and Intent: General Intent-Jury-Page-64
CALCRIM 250. Union of Act and Intent: General Intent-Jury-Page-65

(Pub 1284)

California Criminal Jury Instructions-CALCRIM-Table of Contents
California Criminal Jury Instructions-CALCRIM-Volume 1 Table of Contents
California Jury Instructions-CALCRIM-Vol. 1. General Instructions

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