California Criminal Jury Instructions (CALCRIM) (2017)

2960. Possession of Alcoholic Beverage by Person Under 21

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E. ALCOHOL RELATED OFFENSES (NON-DRIVING)
2960.Possession of Alcoholic Beverage by Person Under 21
(Bus. & Prof. Code, § 25662(a))
The defendant is charged [in Count ] with [unlawfully]
possessing an alcoholic beverage when under 21 years old [in violation
of Business and Professions Code section 25662(a)].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant [unlawfully] possessed an alcoholic beverage (in/
on) a (street[,]/ [or] highway[,]/ [or] public place[,]/ [or] a place
open to the public);
AND
2. At the time, the defendant was under 21 years old.
An alcoholic beverage is a liquid or solid material intended to be
consumed that contains one-half of 1 percent or more of alcohol by
volume. [An alcoholic beverage includes <insert type[s] of
beverage[s] from Bus. & Prof. Code, § 23004, e.g., wine, beer>.]
[Under the law, a person becomes one year older as soon as the first
minute of his or her birthday has begun.]
[Two or more persons may possess something at the same time.]
[A person does not have to actually hold or touch something to possess
it. It is enough if the person has (control over it/ [or] the right to
control it), either personally or through another person.]
<Defense: Following Reasonable Adult Instructions>
[The defendant did not unlawfully possess an alcoholic beverage if (he/
she) was following, in a timely manner, the reasonable instructions of
(his/her) (parent/legal guardian/responsible adult relative/employer/
<insert name or description of person designated by parent or
legal guardian>) to deliver [or dispose of] the alcoholic beverage. The
People have the burden of proving beyond a reasonable doubt that the
defendant was not following such instructions. If the People have not
met this burden, you must find the defendant not guilty of this crime.]
New January 2006
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0033
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of
the crime.
Give the bracketed sentence about calculating age if requested. (Fam. Code,
§ 6500; In re Harris (1993) 5 Cal.4th 813, 849–850 [21 Cal.Rptr.2d 373, 855 P.2d
391].)
Defenses—Instructional Duty
Business and Professions Code section 25662 allows for the lawful possession of
alcohol by a minor if authorized by a responsible adult for a limited purpose. If
there is sufficient evidence, the court has a sua sponte duty to instruct on the
defense. (See People v. Mower (2002) 28 Cal.4th 457, 478–481 [122 Cal.Rptr.2d
326, 49 P.3d 1067] [discussing affirmative defenses generally and the burden of
proof].) Give the bracketed word “unlawfully” in the first sentence and element 1,
and the bracketed paragraph on the defense.
AUTHORITY
• Elements. Bus. & Prof. Code, § 25662(a).
Alcoholic Beverage Defined. Bus. & Prof. Code, § 23004.
• Authorized Possession Defense. See People v. Fuentes (1990) 224 Cal.App.3d
1041, 1045 [274 Cal.Rptr. 17]; People v. Mower (2002) 28 Cal.4th 457,
478–481 [122 Cal.Rptr.2d 326, 49 P.3d 1067].
Secondary Sources
2 Witkin & Epstein, California Criminal Law (3d ed. 2000), Crimes Against Public
Peace and Welfare, § 291.
CALCRIM No. 2960 VANDALISM, LOITERING, AND TRESPASS
730
0034