California Criminal Jury Instructions (CALCRIM) (2017)

207. Proof Need Not Show Actual Date

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207.Proof Need Not Show Actual Date
It is alleged that the crime occurred on [or about] <insert
alleged date>. The People are not required to prove that the crime took
place exactly on that day but only that it happened reasonably close to
that day.
New January 2006; Revised February 2014, February 2016
BENCH NOTES
Instructional Duty
The court has no sua sponte duty to give this instruction. This instruction should
not be given: (1) when the evidence demonstrates that the offense was committed
at a specific time and place and the defendant has presented a defense of alibi or
lack of opportunity; or (2) when two similar offenses are charged in separate
counts. (People v. Jennings (1991) 53 Cal.3d 334, 358–359 [279 Cal.Rptr. 780, 807
P.2d 1009]; People v. Jones (1973) 9 Cal.3d 546, 557 [108 Cal.Rptr. 345, 510 P.2d
705], overruled on other grounds in Hernandez v. Municipal Court (1989) 49
Cal.3d 713 [263 Cal.Rptr. 513, 781 P.2d 547]; People v. Barney (1983) 143
Cal.App.3d 490, 497–498 [192 Cal.Rptr. 172]; People v. Gavin (1971) 21
Cal.App.3d 408, 415–416 [98 Cal.Rptr. 518]; People v. Deletto (1983) 147
Cal.App.3d 458, 474–475 [195 Cal.Rptr. 233].)
AUTHORITY
• Instructional Requirements. Pen. Code, § 955; People v. Jennings (1991) 53
Cal.3d 334, 358–359 [279 Cal.Rptr. 780, 807 P.2d 1009]; People v. Jones
(1973) 9 Cal.3d 546, 557 [108 Cal.Rptr. 345, 510 P.2d 705]; People v. Barney
(1983) 143 Cal.App.3d 490, 497–498 [192 Cal.Rptr. 172]; People v. Gavin
(1971) 21 Cal.App.3d 408, 415–416 [98 Cal.Rptr. 518]; People v. Deletto
(1983) 147 Cal.App.3d 458, 474–475 [195 Cal.Rptr. 233].
• This Instruction Correctly States the Law. People v. Rojas (2015) 237
Cal.App.4th 1298, 1304 [188 Cal.Rptr.3d 811].
Secondary Sources
2 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 40,
Accusatory Pleadings, § 40.07[2] (Matthew Bender).
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