California Criminal Jury Instructions (CALCRIM) (2017)

2933. Trespass: Person Present

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2933.Trespass: Person Present (Pen. Code, § 602.5(b))
If you find the defendant guilty of trespassing, you must then decide
whether the People have proved that a resident [or other person
authorized to be in the dwelling] was present at some time while the
defendant was trespassing.
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
The court has a sua sponte duty to give this instruction if the defendant is charged
with aggravated trespass under Penal Code section 602.5(b).
This instruction must be given with CALCRIM No. 2932, Trespass: Entry Into
Dwelling.
The court must provide the jury with a verdict form on which the jury will indicate
if the prosecution has or has not proved that another person was present.
AUTHORITY
• Enhancement. Pen. Code, § 602.5(b).
Secondary Sources
2 Witkin & Epstein, California Criminal Law (3d ed. 2000) Crimes Against
Property, §§ 247–248.
2934–2949. Reserved for Future Use
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