The court has a sua sponte duty to give this instruction deﬁning the elements of
The court has a sua sponte duty to instruct on proximate cause. (People v.
Bernhardt (1963) 222 Cal.App.2d 567, 590–591 [35 Cal.Rptr. 401].) If there is
evidence of multiple causes of death or injury, the court should also give the
bracketed paragraph on causation that begins with “There may be more than one
cause of (death/ [or] great bodily injury).” (See People v. Autry (1995) 37
Cal.App.4th 351, 363 [43 Cal.Rptr.2d 135]; People v. Pike (1988) 197 Cal.App.3d
732, 746–747 [243 Cal.Rptr. 54].)
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
In In re Jennings (2004) 34 Cal.4th 254, 280 [17 Cal.Rptr.3d 645, 95 P.3d 906], the
Supreme Court held that, although the prosecution is not required to prove that the
defendant knew the age of the person he or she provided with alcohol, the
defendant may assert as a defense a good faith belief that the person was at least
21. The burden is on the defendant to prove this defense. (Ibid.) The Court failed
to state what burden of proof applies. Following People v. Mower (2002) 28
Cal.4th 457, 478–481 [122 Cal.Rptr.2d 326, 49 P.3d 1067], the committee has
drafted the instruction on the premise that the defendant’s burden is to merely raise
a reasonable doubt about the defense, and the prosecution must then prove beyond
a reasonable doubt that the defense does not apply. If there is sufficient evidence
supporting the defense, the court has a sua sponte duty to give the bracketed
paragraph on the defense. (Ibid.)
Business and Professions Code section 25660 provides a defense for those who rely
in good faith on bona ﬁde evidence of age and identity. If there is sufficient
evidence, the court has a sua sponte duty to instruct on the defense. (See People v.
Mower, supra, 28 Cal.4th at pp. 478–481.) Give the bracketed word “unlawfully”
in the ﬁrst sentence and element 1, and the bracketed paragraph on the defense.
• Elements. Bus. & Prof. Code, § 25658(a) & (c).
•Alcoholic Beverage Deﬁned. Bus. & Prof. Code, § 23004.
• Great Bodily Injury Deﬁned. Pen. Code, § 12022.7(f).
• Knowledge of Age Not an Element. In re Jennings (2004) 34 Cal.4th 254,
280 [17 Cal.Rptr.3d 645, 95 P.3d 906].
• Good Faith Belief Person at Least 21 Defense. In re Jennings (2004) 34
Cal.4th 254, 280 [17 Cal.Rptr.3d 645, 95 P.3d 906].
• Bona Fide Evidence of Age Defense. Bus. & Prof. Code, § 25660(c); Kirby v.
VANDALISM, LOITERING, AND TRESPASS CALCRIM No. 2964