443. Compelling Another to Commit Crime
If the defendant forced another person to commit a crime by threatening, menacing, commanding, or coercing that person, then the defendant is guilty of the crime that the defendant forced the other person to commit.
The court has a sua sponte duty to instruct on the theory of liability advanced by the prosecution. (See People v. Beeman (1984) 35 Cal.3d 547, 560-561 [199 Cal.Rptr. 60, 674 P.2d 1318] [sua sponte duty to instruct on aiding and abetting].)
Principals Defined. Pen. Code, § 31.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 140, Challenges to Crimes, § 140.10 (Matthew Bender).
(New January 2006)