California Criminal Jury Instructions (CALCRIM) (2017)

2630. Evidence Tampering by Peace Officer or Other Person

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C. EVIDENCE TAMPERING
2630.Evidence Tampering by Peace Officer or Other Person
(Pen. Code, § 141)
The defendant is charged [in Count ] with tampering with
evidence [in violation of Penal Code section 141].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant willfully, intentionally, and wrongfully
(changed[,]/ [or] planted[,]/ [or] placed[,]/ [or] made[,]/ [or]
hid[,]/ [or] moved) <insert name/description of
physical matter at issue>;
2. The defendant knew (he/she) was (changing[,]/ [or] planting[,]/
[or] placing[,]/ [or] making[,]/ [or] hiding[,]/ [or] moving) the
<insert name/ description of physical matter at issue>;
[AND]
3. When the defendant (changed[,]/ [or] planted[,]/ [or] placed[,]/
[or] made[,]/ [or] hid[,]/ [or] moved) the <insert
name/description of physical matter at issue>, (he/she) intended
that (his/her) action would result in (someone being charged with
a crime/ [or] the <insert name/description of physical
matter at issue> being wrongfully produced as genuine or true in
(a/an) <insert type of court proceeding specified in
Pen. Code, § 141>)(;/.)
<Give element 4 if the defendant is charged under Pen. Code, § 141(b).>
[AND
4. When the defendant acted, (he/she) was a peace officer.]
Someone commits an act willfully when he or she does it willingly or on
purpose.
[A sworn member of <insert name of agency that employs
peace offıcer>, authorized by <insert appropriate section
from Pen. Code, § 830 et seq.> to <describe statutory
authority>, is a peace officer.]
New January 2006; Revised August 2016
507
0037
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of
the crime.
Give element 4 if the defendant is a peace officer charged with a felony violation
of Penal Code section 141(b).
The jury must determine whether the defendant was a peace officer. (See People v.
Flood (1998) 18 Cal.4th 470, 482 [76 Cal.Rptr.2d 180, 957 P.2d 869].) The court
must instruct the jury on the appropriate definition of “peace officer” from the
statute. (Ibid.) It is error for the court to instruct that a person is a peace officer as
a matter of law. (Ibid. [instruction that “Officer Bridgeman and Officer Gurney are
peace officers” was error].)
AUTHORITY
• Elements. Pen. Code, § 141.
Peace Officer Defined. Pen. Code, § 830 et seq.
Secondary Sources
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against
Governmental Authority, § 4.
3 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 70,
Discovery and Inspection, § 70.21[3] (Matthew Bender).
4 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 83,
Evidence, § 83.10[2] (Matthew Bender).
LESSER INCLUDED OFFENSES
If the defendant is charged with a felony based on being a peace officer
(Pen. Code, § 141(b)), then the misdemeanor of evidence tampering by a non-peace
officer is a lesser included offense. (Pen. Code, § 141(a).)
2631–2639. Reserved for Future Use
CALCRIM No. 2630 CRIMES AGAINST GOVERNMENT
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