CALCRIM No. 207. Proof Need Not Show Actual Date
Judicial Council of California Criminal Jury Instructions (2020 edition)
Download PDF207.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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