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

CALCRIM 252

The following crime[s] [and allegation[s]] require[s] general criminal intent:              <insert name[s] of alleged offense[s]
and enhancement[s] and count[s], e.g., battery, as charged in Count 1>. For you to find a person guilty of (this/these) crime[s] [or to find the allegation[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 on purpose, 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].

The following crime[s] [and allegation[s]] require[s] a specific intent or mental state:    <insert name[s] of alleged
offense[s] and count[s], e.g., burglary, as charged in Count 1>

____________ <insert name[s] of enhancement[s]>]. For you to find
a person guilty of (this/these) crimes [or to find the allegation[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>.]

BENCH NOTES

Instructional Duty

The court has a sua sponte duty to instruct on the joint union of act and intent. (People v. Alvarez (1996) 14 Cal.4th 155, 220 [58 Cal.Rptr.2d 385,

68.