California Criminal Jury Instructions (CALCRIM) (2017)

2688. Disturbing the Peace: Fighting or Challenging Someone to Fight

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2688.Disturbing the Peace: Fighting or Challenging Someone to
Fight (Pen. Code, §§ 415(1), 415.5(a)(1))
The defendant is charged [in Count ] with disturbing the peace
[in violation of <insert appropriate code section[s]>].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant willfully [and unlawfully] (fought/ [or] challenged
someone else to fight);
[AND]
2. The defendant and the other person were (in a public place/in a
building or on the grounds of <insert description of
school from Pen. Code, § 415.5>) when (the fight occurred/ [or]
the challenge was made)(;/.)
<Give element 3 when instructing on self-defense or defense of another.>
[AND]
[3. The defendant did not act (in self-defense/ [or] in defense of
someone else)(;/.)]
<Give element 4 when instructing on Pen. Code, § 415.5(f).>
[AND
(3/4). The defendant was not (a registered student at the school/ [or]
a person engaged in lawful employee-related activity).]
Someone commits an act willfully when he or she does it willingly or on
purpose.
New January 2006
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of
the crime. Give this instruction if the defendant is charged with violating Penal
Code section 415(1) or section 415.5(a)(1).
If there is sufficient evidence of self-defense or defense of another, the court has a
sua sponte duty to instruct on that defense. Give bracketed element 3, the phrase
“and unlawfully” in element 1, and any appropriate defense instructions. (See
CALCRIM Nos. 3470–3477.)
If the defendant is charged under Penal Code section 415.5(a)(1), select “within a
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building or on the grounds of” in element 2 and insert the type of school from the
statute. If there is sufficient evidence that the exemption in Penal Code section
415.5(f) applies, the court has a sua sponte duty to give bracketed element 4.
If the defendant is charged under Penal Code section 415(1), select “in a public
place” in element 2. Do not give bracketed element 4.
AUTHORITY
• Elements. Pen. Code, §§ 415(1), 415.5(a)(1).
Willfully Defined. Pen. Code, § 7(1); People v. Lara (1996) 44 Cal.App.4th
102, 107 [51 Cal.Rptr.2d 402].
Secondary Sources
2 Witkin & Epstein, California Criminal Law (3d ed. 2000) Crimes Against Public
Peace and Welfare, §§ 2–4, 35.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 144,
Crimes Against Order, § 144.22 (Matthew Bender).
CALCRIM No. 2688 CRIMES AGAINST GOVERNMENT
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