<insert description of each weapon when multiple items
alleged>. You may not ﬁnd the defendant guilty unless you all agree
that the People have proved that the defendant possessed at least one of
these weapons and you all agree on which weapon (he/she) possessed.]
New January 2006; Revised February 2012, February 2013
The court has a sua sponte duty to give this instruction deﬁning the elements of
If the prosecution alleges under a single count that the defendant possessed
multiple weapons and the possession was “fragmented as to time [or] space,” the
court has a sua sponte duty to instruct on unanimity. (See People v. Wolfe (2003)
114 Cal.App.4th 177, 184–185 [7 Cal.Rptr.3d 483].) Give the bracketed paragraph
that begins with “The People allege that the defendant possessed the following
weapons,” inserting the items alleged.
Give the deﬁnition of deadly weapon unless the court has already given the
deﬁnition in other instructions. In such cases, the court may give the bracketed
sentence stating that the term is deﬁned elsewhere.
Give the bracketed paragraph that begins with “In deciding whether” if the object
is not a weapon as a matter of law but is capable of innocent uses. (People v.
Aguilar (1997) 16 Cal.4th 1023, 1028–1029 [68 Cal.Rptr.2d 655, 945 P.2d 1204];
People v. Godwin (1996) 50 Cal.App.4th 1562, 1573–1574 [58 Cal.Rptr.2d 545].)
Evidence of voluntary intoxication or mental impairment may be admitted to show
that the defendant did not form the required mental state. (See People v. Ricardi
(1992) 9 Cal.App.4th 1427, 1432 [12 Cal.Rptr.2d 364].) The court has no sua
sponte duty to instruct on these defenses; however, the trial court must give these
instructions on request if supported by the evidence. (People v. Saille (1991) 54
Cal.3d 1103, 1119 [2 Cal.Rptr.2d 364, 820 P.2d 588] [on duty to instruct
generally]; People v. Stevenson (1978) 79 Cal.App.3d 976, 988 [145 Cal.Rptr. 301]
[instructions applicable to possession of weapon with intent to assault].) See
Defenses and Insanity, CALCRIM No. 3400 et seq.
• Elements. Pen. Code, § 17500.
•Deadly Weapon Deﬁned. People v. Brown (2012) 210 Cal.App.4th 1, 6–8 [147
Cal.Rptr.3d 848]; People v. Aguilar (1997) 16 Cal.4th 1023, 1028–1029 [68
Cal.Rptr.2d 655, 945 P.2d 1204].
• Objects With Innocent Uses. People v. Aguilar (1997) 16 Cal.4th 1023,
1028–1029 [68 Cal.Rptr.2d 655, 945 P.2d 1204]; People v. Godwin (1996) 50
WEAPONS CALCRIM No. 2503