CALCRIM No. 2702. Violation of Court Order: Protective Order or Stay Away - Physical Injury (Pen. Code, §§ 166(c)(2), 273.6(b))

Judicial Council of California Criminal Jury Instructions (2020 edition)

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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 (4th ed. 2012) Crimes Against
Governmental Authority, § 31.
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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