2142. Failure to Perform Duty Following Accident: Lesser Included Offense

The crime[s] of (failing to perform a legal duty following a vehicle accident that caused injury/ [and] failing to perform a legal duty following a vehicle accident that caused property damage) (is a/are) lesser crime[s] than failing to perform a legal duty following a vehicle accident that caused (death/ [or] permanent, serious injury).

The People have the burden of proving beyond a reasonable doubt that the defendant committed the crime of failing to perform a legal duty following a vehicle accident that caused (death/ [or] permanent, serious injury) rather than a lesser offense. If the People have not met this burden, you must find the defendant not guilty of failing to perform a legal duty following a vehicle accident that caused (death/ [or] permanent, serious injury). You must consider whether the defendant is guilty of the lesser crime[s] of [failing to perform a legal duty following a vehicle accident that caused injury] [or] [failing to perform a legal duty following a vehicle accident that caused property damage].

Bench Notes

Instructional Duty

Give this instruction when: (1) the defendant is charged with leaving the scene of an accident resulting in death or permanent, serious injury and the court is instructing on the lesser offense of leaving the scene of an accident resulting in injury, and/or leaving the scene of an accident resulting in property damage; or (2) when the defendant is charged with leaving the scene of an accident resulting in injury and the court is instructing on the lesser offense of leaving the scene of an accident resulting in property damage.

Authority

Elements. Veh. Code, §§ 20001, 20003 & 20004.

Sentence for Death or Permanent Injury. Veh. Code, § 20001(b)(2).

Sentence for Injury. Veh. Code, § 20001(b)(1).

Permanent, Serious Injury Defined. Veh. Code, § 20001(d).

Secondary Sources

2 Witkin & Epstein, California Criminal Law (3d ed. 2000) Crimes Against Public Peace and Welfare, §§ 246-252.

6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 140, Challenges to Crimes, § 140.03 (Matthew Bender).

Related Issues

See the Related Issues section in CALCRIM No. 2140, Failure to Perform Duty Following Accident: Death or Injury—Defendant Driver.

(New January 2006)