California Criminal Jury Instructions (CALCRIM) (2017)

2142. Failure to Perform Duty Following Accident: Lesser Included Offense

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2142.Failure to Perform Duty Following Accident: Lesser
Included Offense (Veh. Code, §§ 20001, 20003 & 20004)
The crime[s] of (failing to perform a legal duty following a vehicle
accident that caused injury/ [and] failing to perform a legal duty
following a vehicle accident that caused property damage) (is a/are)
lesser crime[s] than failing to perform a legal duty following a vehicle
accident that caused (death/ [or] permanent, serious injury).
The People have the burden of proving beyond a reasonable doubt that
the defendant committed the crime of failing to perform a legal duty
following a vehicle accident that caused (death/ [or] permanent, serious
injury) rather than a lesser offense. If the People have not met this
burden, you must find the defendant not guilty of failing to perform a
legal duty following a vehicle accident that caused (death/ [or]
permanent, serious injury). You must consider whether the defendant is
guilty of the lesser crime[s] of [failing to perform a legal duty following
a vehicle accident that caused injury] [or] [failing to perform a legal
duty following a vehicle accident that caused property damage].
New January 2006
BENCH NOTES
Instructional Duty
Give this instruction when: (1) the defendant is charged with leaving the scene of
an accident resulting in death or permanent, serious injury and the court is
instructing on the lesser offense of leaving the scene of an accident resulting in
injury, and/or leaving the scene of an accident resulting in property damage; or (2)
when the defendant is charged with leaving the scene of an accident resulting in
injury and the court is instructing on the lesser offense of leaving the scene of an
accident resulting in property damage.
AUTHORITY
• Elements. Veh. Code, §§ 20001, 20003 & 20004.
Sentence for Death or Permanent Injury. Veh. Code, § 20001(b)(2).
• Sentence for Injury. Veh. Code, § 20001(b)(1).
• Permanent, Serious Injury Defined. Veh. Code, § 20001(d).
Secondary Sources
2 Witkin & Epstein, California Criminal Law (3d ed. 2000) Crimes Against Public
Peace and Welfare, §§ 246–252.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 140,
Challenges to Crimes, § 140.03 (Matthew Bender).
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RELATED ISSUES
See the Related Issues section in CALCRIM No. 2140, Failure to Perform Duty
Following Accident: Death or Injury—Defendant Driver.
2143–2149. Reserved for Future Use
CALCRIM No. 2142 VEHICLE OFFENSES
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