CALCRIM No. 1403. Limited Purpose of Evidence of Gang Activity

Judicial Council of California Criminal Jury Instructions (2023 edition)

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1403.Limited Purpose of Evidence of Gang Activity
You may consider evidence of gang activity only for the limited purpose
of deciding whether:
[The defendant acted with the intent, purpose, and knowledge
that are required to prove the gang-related (crime[s]/ [and]
enhancement[s]/ [and] special circumstance allegations) charged(;/
.)]
[OR]
[The defendant had a motive to commit the crime[s] charged(;/.)]
[OR]
[The defendant actually believed in the need to defend (himself/
herself/ [or] someone else) and acted under fear of imminent
death or great bodily injury to (himself/herself/ [or] someone
else)(;/.)]
[OR]
[The defendant acted in the heat of passion(;/.)]
[OR]
[<insert other reason court admitted gang evidence>.]
[You may also consider this evidence when you evaluate the credibility
or believability of a witness and when you consider the facts and
information relied on by an expert witness in reaching his or her
opinion.]
You may not consider this evidence for any other purpose. You may not
conclude from this evidence that the defendant is a person of bad
character or that (he/she) has a disposition to commit crime.
New January 2006; Revised September 2022
BENCH NOTES
Instructional Duty
On request, the court must give a limiting instruction when evidence of gang
activity has been admitted. (People v. Hernandez (2004) 33 Cal.4th 1040,
1051-1052 [16 Cal.Rptr.3d 880, 94 P.3d 1080].) There is, however, no sua sponte
duty to instruct the jury on this issue.
AUTHORITY
Instruction Must Be Given on Request. People v. Hernandez, supra, 33 Cal.4th
at pp. 1051-1052.
1070
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This Instruction Upheld. People v. Samaniego (2009) 172 Cal.App.4th 1148,
1170 [91 Cal.Rptr.3d 874]; People v. Kaihea (2021) 70 Cal.App.5th 257, 265
[285 Cal.Rptr.3d 334].
Defense of Others. People v. Kaihea, supra, 70 Cal.App.5th at pp. 266-267.
SECONDARY SOURCES
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 144, Crimes
Against Order, § 144.03[2] (Matthew Bender).
1404-1499. Reserved for Future Use
CRIMINAL STREET GANGS CALCRIM No. 1403
1071

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