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

Judicial Council of California Criminal Jury Instructions (2025 edition)

Download PDF
Bg481
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.
1079
Bg482
• 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
CALCRIM No. 1403 CRIMINAL STREET GANGS
1080

© Judicial Council of California.