2929. Trespass After Making Credible Threat
The defendant is charged [in Count ______] with trespass after making a credible threat.
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];
<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.]
A credible 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.
A serious 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).
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.]
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).)
CALCRIM No. 1301, Stalking.
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].
Immediate Family Defined. Pen. Code, §§ 601(a), 646.9(l).
Serious Bodily Injury Defined. Pen. Code, §§ 243(f)(4), 417.6(b), 601(a).
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, Ch. 143, Crimes Against Property, § 143.10[d] (Matthew Bender).
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).)
(New January 2006)