The court has a sua sponte duty to give an instruction deﬁning the elements of the
The reference to “arson” in the ﬁrst paragraph refers to all crimes charged under
Penal Code section 451, including arson of a structure, forest land, or property (see
CALCRIM No. 1515), arson causing great bodily injury (see CALCRIM No.
1501), and arson of an inhabited structure (see CALCRIM No. 1502). It does not
refer to aggravated arson under Penal Code section 451.5 (see CALCRIM No.
Give one of the bracketed alternatives, A–E, depending on the enhancement
If the defendant is charged with a qualifying prior conviction under Penal Code
section 451.1(a)(1), give either CALCRIM No. 3100, Prior Conviction, or
CALCRIM No. 3101, Prior Conviction: Bifurcated Trial, unless the defendant has
stipulated to the truth of the prior conviction.
Give all relevant bracketed deﬁnitions, based on the enhancement alleged.
The jury must determine whether the alleged victim is a peace officer. (People v.
Brown (1988) 46 Cal.3d 432, 444–445 [250 Cal.Rptr. 604, 758 P.2d 1135].) The
court may instruct the jury on the appropriate deﬁnition of “peace officer” from the
statute (e.g., “a Garden Grove Regular Police Officer and a Garden Grove Reserve
Police Officer are peace officers”). (Ibid.) However, the court may not instruct the
jury that the alleged victim was a peace officer as a matter of law (e.g., “Officer
Reed was a peace officer”). (Ibid.) If the alleged victim is a police officer, give the
bracketed sentence that begins with “A person employed as a police officer.” If the
alleged victim is another type of peace officer, give the bracketed sentence that
begins with “A person employed by.”
Give the bracketed paragraph that begins with “In order to prove that the defendant
caused” if the prosecution alleges that the defendant caused great bodily injury to
multiple people or caused multiple structures to burn. (Pen. Code, § 451.1(a)(5);
see Pen. Code, § 451(a)–(c).)
Give the bracketed sentence that begins with “You must decide whether the People
have proved” if the same enhancement is alleged for multiple counts of arson.
• Enhancements. Pen. Code, §§ 451.1, 456(b).
•Device Designed to Accelerate Fire Deﬁned. People v. Andrade (2000) 85
Cal.App.4th 579, 587 [102 Cal.Rptr.2d 254].
• Peace Officer Deﬁned. Pen. Code, § 830 et seq.
• Fireﬁghter Deﬁned. Pen. Code, § 245.1.
• Emergency Medical Technician Deﬁned. Health & Saf. Code,
ARSON CALCRIM No. 1551