California Criminal Jury Instructions (CALCRIM) (2017)
969. Permitting Someone to Shoot From VehicleDownload PDF
969.Permitting Someone to Shoot From Vehicle (Pen. Code,
The defendant is charged [in Count ] with permitting someone to
shoot from a vehicle [in violation of Penal Code section 26100(b)].
To prove that the defendant is guilty of this crime, the People must
1. The defendant was the (driver/ [or] owner) of a vehicle;
2. The defendant permitted someone to shoot a ﬁrearm from the
3. The defendant knew that (he/she) was permitting someone to
shoot a ﬁrearm from the vehicle;
4. The other person shot the ﬁrearm from the vehicle.
[A vehicle owner who permits someone else to shoot a ﬁrearm from the
vehicle is guilty even if the owner is not in the vehicle when the shooting
[A vehicle is a device by which people or things may be moved on a
road or highway. A vehicle does not include a device that is moved only
by human power or used only on stationary rails or tracks.]
[A ﬁrearm is any device designed to be used as a weapon, from which a
projectile is discharged or expelled through a barrel by the force of an
explosion or other form of combustion.]
[The term[s] (ﬁrearm/ <insert other term>) (is/are) deﬁned in
another instruction to which you should refer.]
New January 2006; Revised February 2012
The court has a sua sponte duty to give this instruction deﬁning the elements of
Give the relevant bracketed deﬁnitions unless the court has already given the
deﬁnition in other instructions. In such cases, the court may give the bracketed
sentence stating that the term is deﬁned elsewhere.
CALCRIM No. 968, Shooting From Motor Vehicle.
• Elements. Pen. Code, § 26100(b).
• Firearm Deﬁned. Pen. Code, § 16520.
• General Intent Crime. People v. Laster (1997) 52 Cal.App.4th 1450, 1468 [61
• Vehicle Deﬁned. Veh. Code, § 670.
1 Witkin & Epstein, California Criminal Law (3d ed. 2000) Crimes Against the
Person, § 50.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 144,
Crimes Against Order, §§ 144.01[i], 144.03 (Matthew Bender).
CALCRIM No. 969 ASSAULTIVE AND BATTERY CRIMES