California Criminal Jury Instructions (CALCRIM) (2017)

2680. Courthouse Picketing

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G. UNLAWFUL ASSEMBLY AND DISTURBING THE
PEACE
2680.Courthouse Picketing (Pen. Code, § 169)
The defendant is charged [in Count ] with (picketing/ [or]
parading) near a courthouse [in violation of Penal Code section 169].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant (picketed/ [or] paraded) in or near a state court
building;
AND
2. When the defendant acted, (he/she) did so with the intent (to
interfere with, obstruct, or impede the administration of justice/
[or] to influence (a/an) (judge[,]/ [or] juror[,]/ [or] witness[,]/ [or]
officer of the court) in the discharge of his or her duty).
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. Pen. Code, § 169.
• Similar Statute Constitutional. Cox v. Louisiana (1964) 379 U.S. 559, 564 [85
S.Ct. 476, 13 L.Ed.2d 487] [upholding Louisiana statute nearly identical to Pen.
Code, § 169].
Secondary Sources
2 Witkin & Epstein, California Criminal Law (3d ed. 2000) Crimes Against
Governmental Authority, § 31.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 144,
Crimes Against Order, § 144.21 (Matthew Bender).
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