California Crimonal Jury Instructions-CALCRIM

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Criminal Jury Instructions Volume I

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CALCRIM Series 200

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

CALCRIM 251

POST-TRIAL: INTRODUCTORY CALCRIM No. 251

D. UNION OF ACT AND INTENT

251. Union of Act and Intent: Specific Intent or Mental State

The crime[s] [(and/or) other allegation[s]] charged in this case require 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.,
burglary, as charged in Count 1> [or to find the allegation[s] of

____________ <insert name[s] of enhancement[s]> true]), that person
must not only intentionally commit the prohibited act [or intentionally fail to do the required act], but must do so with a specific (intent/ [and/or] mental state). The act and the specific (intent/ [and/or] mental state) required are explained in the instruction for that crime [or allegation].

<Repeat next paragraph as needed>

[The specific (intent/ [and/or] mental state) required for the crime of <insert name[s] of alleged offense[s] e.g., burglary> is ________________ _____________<insert specific intent>.]

New January 2006; Revised August 2006, June 2007, April 2008

BENCH NOTES

Instructional Duty

The court has a sua sponte duty to instruct on the union of act and specific intent or mental state. (People v. Alvarez (1996) 14 Cal.4th 155, 220 [58 Cal.Rptr.2d 385, 926 P.2d 365].) This instruction must be given if the crime requires a specific mental state, such as knowledge or malice, even if the crime is classified as a general intent offense.

Do not give this instruction if the case involves only general-intent offenses that do not require any specific mental state. (See CALCRIM No. 250, Union of Act and Intent: General Intent.) 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 are specific-intent offenses by inserting the names of the offenses and count numbers where indicated in the second paragraph of the instruction. (See People v. Hill

66.

CALCRIM 251. Union of Act and Intent: Specific Intent or Mental State-Jury-Page 66
CALCRIM 251. Union of Act and Intent: Specific Intent or Mental State-Jury-Page 67

(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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