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
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
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.
• Enhancement. Pen. Code, § 602.5(b).
2 Witkin & Epstein, California Criminal Law (3d ed. 2000) Crimes Against
Property, §§ 247–248.
2934–2949. Reserved for Future Use