California Criminal Jury Instructions (CALCRIM) (2017)

2929. Trespass After Making Credible Threat

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C. TRESPASS
2929.Trespass After Making Credible Threat (Pen. Code,
§601(a))
The defendant is charged [in Count ] with trespass after making
a credible threat [in violation of Penal Code section 601(a)].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant made a credible threat to cause serious bodily
injury to another person;
2. The defendant made the threat with the intent to place the other
person in reasonable fear for (his/her) safety [or for the safety of
(his/her) immediate family];
AND
<Alternative 3A—entered home>
[3. Within 30 days of making the threat, the defendant unlawfully
entered the threatened person’s residence[, or the real property
next to the residence of the threatened person,] without a lawful
purpose and with the intent to carry out the threat against the
target of the threat.]
<Alternative 3B—entered workplace>
[3. Within 30 days of making the threat, the defendant unlawfully
entered the workplace of the threatened person, knowing that
the place (he/she) entered was the threatened person’s
workplace, and tried to locate that person without a lawful
purpose and with the intent to carry out the threat.]
Acredible threat is one that causes the target of the threat to reasonably
fear for his or her safety [or for the safety of his or her immediate
family] and one that the maker of the threat appears able to carry out.
A credible threat may be made orally, in writing, or electronically or
may be implied by a pattern of conduct or a combination of statements
and conduct.
Aserious bodily injury means a serious impairment of physical
condition. Such an injury may include[, but is not limited to]: (loss of
consciousness/ concussion/ bone fracture/ protracted loss or impairment
of function of any bodily member or organ/ a wound requiring extensive
suturing/ [and] serious disfigurement).
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To decide whether the defendant unlawfully entered the threatened
person’s (residence [or the real property next to the residence]/
workplace), please refer to the separate instructions that I (will give/
have given) you on unlawful entry.
[Immediate family means (a) a spouse, parent, or child; (b) a grandchild,
grandparent, brother, or sister related by blood or marriage; and (c) a
person who regularly lives in the household [or who regularly lived
there within the six months before the alleged incident].]
[A threat may be made electronically by using a telephone, cellular
telephone, pager, computer, video recorder, fax machine, or other
similar electronic communication device.]
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 alternative 3A or 3B depending on whether the prosecution alleges that the
defendant entered the threatened person’s residence or property next to that
residence, or entered the threatened person’s workplace. (Pen. Code, §§ 601(a)(1) &
(2).)
Give the appropriate instruction defining “unlawful entry” depending on the
evidence. (See CALCRIM Nos. 2930–2933.)
If there is evidence that the threatened person feared for the safety of members of
his or her immediate family, give on request the bracketed phrases in element 2
and in the definition of “credible threat,” as well as the bracketed paragraph
defining “immediate family.” (Pen. Code, §§ 601(a), 646.9(l); see Fam. Code,
§ 6205 [“affinity” defined]; Prob. Code, §§ 6401, 6402 [degrees for purposes of
intestate succession].)
If there is evidence that a threat was communicated through an “electronic
communication device,” give on request the bracketed paragraph listing the
different means of electronically communicating a threat. (See Pen. Code,
§ 646.9(h) [in context of stalking]; 18 U.S.C. § 2510(12).)
Related Instruction
CALCRIM No. 1301, Stalking.
AUTHORITY
• Elements. Pen. Code, § 601(a).
Credible Threat Defined. See Pen. Code, § 646.9(g); People v. Falck (1997)
52 Cal.App.4th 287, 295, 297–298 [60 Cal.Rptr.2d 624] [both in context of
stalking].
CALCRIM No. 2929 VANDALISM, LOITERING, AND TRESPASS
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• Immediate Family Defined. Pen. Code, §§ 601(a), 646.9(l).
• Serious Bodily Injury Defined. Pen. Code, §§ 243(f)(4), 417.6(b), 601(a).
Secondary Sources
2 Witkin & Epstein, California Criminal Law (3d ed. 2000) Crimes Against
Property, § 252.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 142,
Crimes Against the Person, § 142.11A[2], Ch. 143, Crimes Against Property,
§ 143.10[2][d] (Matthew Bender).
RELATED ISSUES
Labor Union Activities
Penal Code section 601 does not apply to any person who is engaged in labor
union activities that are permitted by the California Agricultural Labor Relations
Act (see Lab. Code, § 1140 et seq.) or by the National Labor Relations Act (29
U.S.C. § 151 et seq.). (Pen. Code, § 601(c).)
Personal Residence, Real Property, or Workplace
Penal Code section 601 does not apply if the person making the threat enters his or
her own residence, real property, or workplace. (Pen. Code, § 601(b).)
VANDALISM, LOITERING, AND TRESPASS CALCRIM No. 2929
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