CALCRIM No. 1303. Terrorism by Symbol (Pen. Code, § 11411(a) & (b))

Judicial Council of California Criminal Jury Instructions (2024 edition)

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1303.Terrorism by Symbol (Pen. Code, § 11411(a) & (b))

The defendant is charged [in Count ] with terrorizing by use of a

symbol [in violation of Penal Code section 11411].

To prove that the defendant is guilty of this crime, the People must

prove that:

1. The defendant placed or displayed a sign, mark, symbol, emblem,

or physical impression on the private property of another person;

2. The defendant did not have authorization to place or display the

sign, symbol, emblem or physical impression on the property;

[AND]

3. The defendant committed (this/these) act[s] with the intent to

terrorize the owner or occupant of the property [or with reckless

disregard of the risk of terrorizing the owner or occupant of the

property].

<Include the fourth element in Penal Code section 11411(b)

prosecutions.>

[AND

4. The defendant committed these acts on two or more occasions.]

To terrorize means to cause a person of ordinary emotions and

sensibilities to fear for his or her personal safety.

[A person acts with reckless disregard when (1) he or she knows there is

a substantial and unjustifiable risk that his or her act will terrorize the

owner or occupant, (2) he or she ignores that risk, and (3) ignoring the

risk is a gross deviation from what a reasonable person would have done

in the same situation.]

[A person acts with reckless disregard when (1) he or she does an act that

presents a substantial and unjustifiable risk of terrorizing the owner or

occupant, and (2) he or she is unaware of the risk because he or she is

voluntarily intoxicated. Intoxication is voluntary if the defendant

willingly used any intoxicating drink, drug, or other substance knowing

that it could produce an intoxicating effect.]

New August 2006

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BENCH NOTES

Instructional Duty

The court has a sua sponte duty to give an instruction defining the elements of the

crime.

Give alternative A or B depending on whether or not there is evidence that the

defendant was voluntary intoxicated.

The legislature included the Nazi swastika as an example of a prohibited symbol.

Although Pen. Code, § 11411 states that reckless disregard may provide the

necessary mental state for committing this crime, this provision may run counter to

the Supreme Court’s holding in Virginia v. Black (2003) 538 U.S. 343, 365-366

[123 S.Ct. 1536, 155 L.Ed.2d 535] [without specific intent requirement, statute

prohibiting cross burning was unconstitutional.]

AUTHORITY

• Elements. Pen. Code, §§ 11411(a) & (b).

• Definition of Reckless Disregard per Pen. Code, § 11411(c). People v. Carr

(2000) 81 Cal.App.4th 837, 845-846 [97 Cal.Rptr.2d 143] [noting that voluntary

intoxication is not a defense to violations of Pen. Code, § 11411].

• Requirement of Specific Intent. Virginia v. Black (2003) 538 U.S. 343, 365-366

[123 S.Ct. 1536, 155 L.Ed.2d 535].

SECONDARY SOURCES

2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against Public

Peace and Welfare, § 20.

CRIMINAL THREATS AND HATE CRIMES CALCRIM No. 1303

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Page last reviewed May 2024