California Criminal Jury Instructions (CALCRIM) (2017)

2384. Inducing Minor to Violate Controlled Substance Laws

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2384.Inducing Minor to Violate Controlled Substance Laws
(Health & Saf. Code, §§ 11353, 11354, 11380(a))
The defendant is charged [in Count ] with (soliciting/inducing/
encouraging/intimidating) someone under 18 years of age to commit the
crime of <insert description of Health and Safety Code
violation alleged> [in violation of <insert appropriate code
section[s]>].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant willfully (solicited/induced/encouraged/
intimidated) <insert name of person solicited> to
commit the crime of <insert description of Health
and Safety Code violation alleged> [of] a controlled substance;
<If the controlled substance is not listed in the schedules set forth in
sections 11054 through 11058 of the Health and Safety Code, give
paragraph 2B and the definition of analog substance below instead of
paragraph 2A.>
2A. The controlled substance was <insert type of
controlled substance>;
2B. The controlled substance was an analog of <insert
type of controlled substance>;
3. The defendant intended that <insert name of person
solicited> would commit that crime;
4. At that time, the defendant was 18 years of age or older;
AND
5. At that time, <insert name of person solicited> was
under 18 years of age.
[In order to prove that the defendant is guilty of this crime, the People
must prove that <insert name of analog drug> is an analog
of <insert type of controlled substance>. An analog of a
controlled substance:
1. Has a chemical structure substantially similar to the structure of
a controlled substance;
OR
2. Has, is represented as having, or is intended to have a stimulant,
depressant, or hallucinogenic effect on the central nervous system
substantially similar to or greater than the effect of a controlled
substance.]
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To decide whether the defendant intended that <insert
name of person solicited> would commit the crime of
<insert description of Health and Safety Code violation alleged>, please
refer to the separate instructions that I (will give/have given) you on
that crime.
Someone commits an act willfully when he or she does it willingly or on
purpose.
[Under the law, a person becomes one year older as soon as the first
minute of his or her birthday has begun.]
<Defense: Good Faith Belief Over 18>
[The defendant is not guilty of this crime if (he/she) reasonably and
actually believed that <insert name of person solicited> was
18 years of age or older. The People have the burden of proving beyond
a reasonable doubt that the defendant did not reasonably and actually
believe that <insert name of person solicited> was at least
18 years of age. If the People have not met this burden, you must find
the defendant not guilty of this crime.]
New January 2006; Revised February 2014
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of
the crime.
Where indicated in the instruction, insert a description of the Health and Safety
Code violation allegedly solicited. For example, “the crime of possession for sale
of cocaine,” or “the crime of sale of marijuana.”
If the defendant is charged with violating Health and Safety Code section 11354(a),
in element 3, the court should replace “18 years of age or older” with “under 18
years of age.”
Give the bracketed paragraph about calculating age if requested. (Fam. Code,
§ 6500; In re Harris (1993) 5 Cal.4th 813, 849–850 [21 Cal.Rptr.2d 373, 855 P.2d
391].)
Defenses—Instructional Duty
The court has a sua sponte duty to give the final bracketed paragraph if there is
substantial evidence supporting the defense that the defendant had a reasonable and
good faith belief that the person was over 18 years of age. (People v. Goldstein
(1982) 130 Cal.App.3d 1024, 1036–1037 [182 Cal.Rptr. 207].)
AUTHORITY
• Elements. Health & Saf. Code, §§ 11353, 11354, 11380(a).
CONTROLLED SUBSTANCES CALCRIM No. 2384
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• Age of Defendant Element of Offense. People v. Montalvo (1971) 4 Cal.3d
328, 332 [93 Cal.Rptr. 581, 482 P.2d 205].
• Good Faith Belief Minor Over 18 Defense to Inducing or Soliciting. People v.
Goldstein (1982) 130 Cal.App.3d 1024, 1036–1037 [182 Cal.Rptr. 207].
• Definition of Analog Controlled Substance. People v. Davis (2013) 57 Cal.4th
353, 357, fn. 2 [159 Cal.Rptr.3d 405, 303 P.3d 1179].
• No Finding Necessary for “Expressly Listed” Controlled Substance. People v.
Davis,supra, 57 Cal.4th at p. 362, fn. 5.
Secondary Sources
2 Witkin & Epstein, California Criminal Law (3d ed. 2000) Crimes Against Public
Peace and Welfare, §§ 103, 104.
3 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 73,
Defenses and Justifications, § 73.06[1] (Matthew Bender).
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 140,
Challenges to Crimes, § 140.12, Ch. 145, Narcotics and Alcohol Offenses,
§ 145.01[1][a], [3][a] (Matthew Bender).
2385–2389. Reserved for Future Use
CALCRIM No. 2384 CONTROLLED SUBSTANCES
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