California Criminal Jury Instructions (CALCRIM) (2017)

2413. Using or Permitting Improper Use of a Hypodermic Needle or Syringe

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2413.Using or Permitting Improper Use of a Hypodermic Needle
or Syringe (Bus. & Prof. Code, § 4326(b))
The defendant is charged [in Count ] with (using[,]/ [or]
permitting[,]/ [or] causing) a hypodermic (needle/ [or] syringe) [to be
used] for a purpose other than the one for which it had been obtained
[in violation of Business and Professions Code section 4326(b)].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant obtained a hypodermic (needle/ [or] syringe) from
someone who had a license to (sell/ [or] furnish) the (needle/ [or]
syringe);
AND
2. The defendant (used[,]/ [or] permitted[,]/ [or] caused) that
hypodermic (needle/ [or] syringe) [to be used] for a purpose
other than the one for which it had been obtained.
[The defendant may have either directly or indirectly caused the
hypodermic (needle/ [or] syringe) to be used for a purpose other than
the one for which it had been obtained.]
New January 2006
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of
the crime.
AUTHORITY
• Elements. Bus. & Prof. Code, § 4326(b).
Secondary Sources
2 Witkin & Epstein, California Criminal Law (3d ed. 2000), Crimes Against Public
Peace and Welfare, § 381.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 145,
Narcotics and Alcohol Offenses, § 145.01[1][a] (Matthew Bender).
2414–2429. Reserved for Future Use
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