CALCRIM No. 969. Permitting Someone to Shoot From Vehicle (Pen. Code, § 26100(b))
Judicial Council of California Criminal Jury Instructions (2020 edition)Download 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 the
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 (4th ed. 2012) Crimes Against the
Person, § 51.
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