California Criminal Jury Instructions (CALCRIM) (2017)

2702. Violation of Court Order: Protective Order or Stay Away - Physical Injury

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2702.Violation of Court Order: Protective Order or Stay
Away—Physical Injury (Pen. Code, §§ 166(c)(2), 273.6(b))
If you find the defendant guilty of violating a court order, you must
then decide whether the People have proved that the defendant’s
conduct resulted in physical injury to another person.
The People have the burden of proving this allegation beyond a
reasonable doubt. If the People have not met this burden, you must find
that this allegation has not been proved.
New January 2006
BENCH NOTES
Instructional Duty
If the prosecution alleges that the defendant’s violation of the court order resulted
in physical injury, the court has a sua sponte duty to instruct on this sentencing
factor.
This instruction must be given with CALCRIM No. 2701, Violation of Court
Order: Protective Order or Stay Away.
The court must provide the jury with a verdict form on which the jury will indicate
if the prosecution has or has not been proved the allegation.
AUTHORITY
• Enhancements. Pen. Code, §§ 166(c)(2), 273.6(b).
Secondary Sources
2 Witkin & Epstein, California Criminal Law (3d ed. 2000) Crimes Against
Governmental Authority, § 30.
1 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 11, Arrest,
§ 11.02[1] (Matthew Bender).
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 142,
Crimes Against the Person, § 142.13[4] (Matthew Bender).
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