California Criminal Jury Instructions (CALCRIM) (2017)

2160. Fleeing the Scene Following Accident: Enhancement for Vehicular Manslaughter

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(iii) Enhancement
2160.Fleeing the Scene Following Accident: Enhancement for
Vehicular Manslaughter (Veh. Code, § 20001(c))
If you find the defendant guilty of vehicular manslaughter [as a felony]
[under Count ], you must then decide whether the People have
proved the additional allegation that the defendant fled the scene of the
accident after committing vehicular manslaughter [in violation of
Vehicle Code section 20001(c)].
To prove this allegation, the People must prove that:
1. The defendant knew that (he/she) had been involved in an
accident that injured another person [or knew from the nature
of the accident that it was probable that another person had
been injured];
AND
2. The defendant willfully fled the scene of the accident.
Someone commits an act willfully when he or she does it willingly or on
purpose. It is not required that he or she intend to break the law, hurt
someone else, or gain any advantage.
[To be involved in an accident means to be connected with the accident
in a natural or logical manner. It is not necessary for the driver’s
vehicle to collide with another vehicle or person.]
The People have the burden of proving this allegation beyond a
reasonable doubt. If the People have not met this burden, you must find
that this allegation has not been proved.
New January 2006; Revised February 2013
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of
the sentencing factor. (See Apprendi v. New Jersey (2000) 530 U.S. 466, 475–476,
490 [120 S.Ct. 2348, 147 L.Ed.2d 435].)
Give this instruction if the defendant is charged with an enhancement under Vehicle
Code section 20001(c). This enhancement only applies to felony vehicular
manslaughter convictions (Pen. Code, §§ 191.5, 192(c)(1) & (3), and 192.5(a) &
(c)) and must be pleaded and proved. (Veh. Code, § 20001(c).) Give the bracketed
“felony” in the introductory paragraph if the jury is also being instructed on
misdemeanor vehicular manslaughter.
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Give the bracketed paragraph defining “involved in an accident” if that is an issue
in the case.
AUTHORITY
• Enhancement. Veh. Code, § 20001(c).
Knowledge of Accident and Injury. People v. Holford (1965) 63 Cal.2d 74,
79–80 [45 Cal.Rptr. 167, 403 P.2d 423]; People v. Carter (1966) 243
Cal.App.2d 239, 241 [52 Cal.Rptr. 207]; People v. Hamilton (1978) 80
Cal.App.3d 124, 133–134 [145 Cal.Rptr. 429].
• Willful Failure to Perform Duty. People v. Crouch (1980) 108 Cal.App.3d
Supp. 14, 21–22 [166 Cal.Rptr. 818].
• Involved Defined. People v. Bammes (1968) 265 Cal.App.2d 626, 631 [71
Cal.Rptr. 415]; People v. Sell (1950) 96 Cal.App.2d 521, 523 [215 P.2d 771].
• Fleeing Scene of Accident. People v. Vela (2012) 205 Cal.App.4th 942, 950
[140 Cal.Rptr.3d 755].
• First Element of This Instruction Cited With Approval. People v. Nordberg
(2010) 189 Cal.App.4th 1228, 1238 [117 Cal.Rptr.3d 558].
Secondary Sources
2 Witkin & Epstein, California Criminal Law (3d ed. 2000) Crimes Against Public
Peace and Welfare, § 245.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 142,
Crimes Against the Person, § 142.02, Ch. 145, Narcotics and Alcohol Offenses,
§ 145.03[4][a] (Matthew Bender).
2161–2179. Reserved for Future Use
CALCRIM No. 2160 VEHICLE OFFENSES
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