California Criminal Jury Instructions (CALCRIM) (2017)

2966. Disorderly Conduct: Under the Influence in Public

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2966.Disorderly Conduct: Under the Influence in Public (Pen.
Code, § 647(f))
The defendant is charged [in Count ] with being under the
influence of (alcohol/ [and/or] a drug) in public [in violation of Penal
Code section 647(f)].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant was willfully under the influence of (alcohol[,]/
[and/or] a drug[,]/ [and/or] a controlled substance[,]/ [and/or]
toluene);
2. When the defendant was under the influence, (he/she) was in a
public place;
AND
<Alternative 3A—unable to care for self>
[3. The defendant was unable to exercise care for (his/her) own
safety [or the safety of others].]
<Alternative 3B—obstructed public way>
[3. Because the defendant was under the influence, (he/she)
interfered with, obstructed, or prevented the free use of a street,
sidewalk, or other public way.]
Someone commits an act willfully when he or she does it willingly or on
purpose.
As used here, a public place is a place that is open and accessible to
anyone who wishes to go there.
New January 2006
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of
the crime.
AUTHORITY
• Elements. Pen. Code, § 647(f).
• Public Place Defined. In re Zorn (1963) 59 Cal.2d 650, 652 [30 Cal.Rptr.
811, 381 P.2d 635]; People v. Belanger (1966) 243 Cal.App.2d 654, 657 [52
Cal.Rptr. 660]; People v. Perez (1976) 64 Cal.App.3d 297, 300–301 [134
Cal.Rptr. 338].
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• Statute Constitutional. Sundance v. Municipal Court (1986) 42 Cal.3d 1101,
1119–1121 [232 Cal.Rptr. 814, 729 P.2d 80]; In re Joseph G. (1970) 7
Cal.App.3d 695, 703–704 [87 Cal.Rptr. 25]; In re Spinks (1967) 253 Cal.App.2d
748, 752 [61 Cal.Rptr. 743].
Secondary Sources
2 Witkin & Epstein, California Criminal Law (3d ed. 2000) Crimes Against Public
Peace and Welfare, §§ 55–58.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 144,
Crimes Against Order, § 144.20 (Matthew Bender).
RELATED ISSUES
Defendant in Parked Car
In People v. Belanger (1966) 243 Cal.App.2d 654, 657 [52 Cal.Rptr. 660], the
court held that the defendant was in a public place when he was found sitting in a
parked car on a public street.
2967–2979. Reserved for Future Use
CALCRIM No. 2966 VANDALISM, LOITERING, AND TRESPASS
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