California Criminal Jury Instructions (CALCRIM) (2017)

2441. Use of False Compartment to Conceal Controlled Substance

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2441.Use of False Compartment to Conceal Controlled
Substance (Health & Saf. Code, § 11366.8)
The defendant is charged [in Count ] with ((possessing/using/
controlling)/ [or] (designing/constructing/building/altering/fabricating/
installing/attaching)) a false compartment with the intent to (store/
conceal/smuggle/transport) a controlled substance in a vehicle [in
violation of Health and Safety Code section 11366.8].
To prove that the defendant is guilty of this crime, the People must
prove that:
<A. Possessed, Used, Controlled>
1. [The defendant (possessed/used/controlled) a false compartment
with the intent to (store/conceal/smuggle/transport) a controlled
substance in the false compartment in a vehicle(;/.)]
[OR
<B. Designed, Built, etc.>
2. ][The defendant (designed/constructed/built/altered/fabricated/
installed/attached) a false compartment (for/in/to) a vehicle with
the intent to (store/conceal/smuggle/transport) a controlled
substance in it.]
Afalse compartment is any box, container, space, or enclosure intended
or designed to (conceal[,]/hide[,]/ [or] [otherwise] prevent discovery of)
any controlled substance within or attached to a vehicle. A false
compartment may be ((a/an) (false/modified/altered) fuel tank[,]/original
factory equipment of a vehicle that is (modified/altered/changed)[,]/ [or]
a compartment, space, or box that is added to, or made or created
from, existing compartments, spaces, or boxes within a vehicle).
Avehicle includes any car, truck, bus, aircraft, boat, ship, yacht, or
vessel.
[Two or more people may possess something at the same time.]
[A person does not have to actually hold or touch something to possess
it. It is enough if the person has (control over it/ [or] the right to
control it), either personally or through another person.]
New January 2006
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0127
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of
the crime. Give either optional paragraph A, B, or both, depending on the charged
crime and the evidence proffered at trial.
AUTHORITY
• Elements. Health & Saf. Code, § 11366.8.
False Compartment Does Not Require Modification. People v. Gonzalez
(2004) 116 Cal.App.4th 1405, 1414 [11 Cal.Rptr.3d 434].
• Constructive vs. Actual Possession. People v. Barnes (1997) 57 Cal.App.4th
552, 556 [67 Cal.Rptr.2d 162].
Secondary Sources
2 Witkin & Epstein, California Criminal Law (3d ed. 2000) Crimes Against Public
Peace and Welfare, § 117.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 145,
Narcotics and Alcohol Offenses, § 145.01[1][o] (Matthew Bender).
2442–2499. Reserved for Future Use
CALCRIM No. 2441 CONTROLLED SUBSTANCES
336
0128