California Criminal Jury Instructions (CALCRIM) (2017)

1305. Obstructing Religion by Threat (Pen. Code, § 11412)

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1305.Obstructing Religion by Threat (Pen. Code, § 11412)
The defendant is charged [in Count ] with obstructing religion by
threat [in violation of Penal Code section 11412].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant caused or attempted to cause a person to refrain
from (exercising his or her religion/engaging in a religious
service) by threatening to inflict an unlawful injury upon that
person or upon property;
2. The defendant directly communicated the threat to that person;
3. The person reasonably believed the threat could be carried out;
and
<Alternative A—Exercising religion>
4. At the time the defendant made the threat, (he/she) intended to
cause the person to refrain from exercising his or her religion.
<Alternative B—Religious service>
4. At the time the defendant made the threat, (he/she) intended to
cause the person to refrain from engaging in a religious service.
New August 2006
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 the alleged intent of the defendant.
AUTHORITY
• Elements. Pen. Code, § 11412.
Secondary Sources
2 Witkin & Epstein, California Criminal Law (3d ed. 2000) Crimes Against Public
Peace and Welfare, § 19.
1306–1349. Reserved for Future Use
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