instruction for each offense, inserting the speciﬁc requirements for that offense.
If the prosecution alleges only one theory of liability, do not give this instruction.
Give CALCRIM No. 450, Liability of Corporate Offıcers and Agents: Single
Theory of Liability.
Give element 3A if the alleged offense requires knowledge or general criminal
intent by the defendant. (See Sea Horse Ranch, supra, 24 Cal.App.4th at pp.
456–458; People v. Epstein (1931) 118 Cal.App. 7, 10 [4 P.2d 555].) Give element
3B if speciﬁc intent is required. If a strict-liability offense is alleged, give only
elements 1 and 2. (See People v. Matthews (1992) 7 Cal.App.4th 1052, 1062 [9
For an example of how to complete this instruction, see the Bench Notes to
CALCRIM No. 450, Liability of Corporate Offıcers and Agents: Single Theory of
It is unclear if the court is required to instruct on unanimity. For a discussion of
instructional requirements on unanimity, see CALCRIM No. 3500, Unanimity.
• Liability of Corporate Officer or Agent. Sea Horse Ranch, Inc. v. Superior
Court (1994) 24 Cal.App.4th 446, 456–458 [30 Cal.Rptr.2d 681]; see People v.
Matthews (1992) 7 Cal.App.4th 1052, 1062 [9 Cal.Rptr.2d 348]; Otis v.
Superior Court (1905) 148 Cal. 129, 131 [82 P. 853].
1 Witkin & Epstein, California Criminal Law (3d ed. 2000) Introduction to Crimes,
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 140,
Challenges to Crimes, § 140.12 (Matthew Bender).
452–459. Reserved for Future Use
AIDING AND ABETTING CALCRIM No. 451