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)
•[The defendant had a motive to commit the crime[s] charged(;/.)]
•[The defendant actually believed in the need to defend (himself/
•[The defendant acted in the heat of passion(;/.)]
•[<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
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
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.
• Instruction Must Be Given on Request. People v. Hernandez (2004) 33
Cal.4th 1040, 1051–1052 [16 Cal.Rptr.3d 880, 94 P.3d 1080].
• This Instruction Upheld. People v. Samaniego (2009) 172 Cal.App.4th 1148,