419.Acts Committed or Statements Made Before Joining
(The/A) defendant is not responsible for any acts that were done before
(he/ [or] she) joined the conspiracy.
You may consider evidence of acts or statements made before the
defendant joined the conspiracy only to show the nature and goals of
the conspiracy. You may not consider any such evidence to prove that
the defendant is guilty of any crimes committed before (he/ [or] she)
joined the conspiracy.
New January 2006
The court has a sua sponte duty to give this instruction if there is evidence
suggesting that the defendant joined an alleged conspiracy after the crime was
committed or after an act or statement was made to further the object of the
• Joining Conspiracy After Commission of Crime. People v. Marks (1988) 45
Cal.3d 1335, 1345 [248 Cal.Rptr. 874, 756 P.2d 260]; People v. Feldman (1959)
171 Cal.App.2d 15, 21–22 [339 P.2d 888].
• Use of Prior Acts or Statements. People v. Weiss (1958) 50 Cal.2d 535,
564–566 [327 P.2d 527].
1 Witkin & Epstein, California Criminal Law (3d ed. 2000) Elements, §§ 95–96.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 141,
Conspiracy, Solicitation, and Attempt, § 141.02 (Matthew Bender).