CALCRIM No. 1302

Code, § 11413)

The defendant is charged [in Count] with terrorizing by (use of

(a/an) (destructive device/ [or] explosive)/committing arson) [in violation

of Penal Code section 11413].

To prove that the defendant is guilty of this crime, the People must

prove that:

<Alternative 1A—destructive device or explosive>

[1. The defendant exploded or ignited [or attempted to explode or

ignite] (a/an) (destructive device/ [or] explosive);]

<Alternative 1B—arson>

[1. The defendant committed arson;]

2. The defendant (used [or attempted to use] the (device/ [or]

explosive)/committed the arson) in or around <insert

one or more of the places listed in Pen. Code, § 11413(b)>;

AND

3. The defendant committed these acts with the intent to terrorize

someone else or with reckless disregard of terrorizing someone

else.

To terrorize means to cause a person of ordinary emotions and

sensibilities to fear for his or her personal safety.

A person acts with reckless disregard when (1) he or she is aware that his

or her actions present a substantial and unjustifiable risk, (2) he or she

ignores that risk, and (3) the person’s behavior is grossly different from

what a reasonable person would have done in the same situation.

To decide whether the defendant (exploded or ignited [or attempted to

explode or ignite] (a/an) (destructive device/ [or] explosive)/committed

arson), please refer to the separate instructions that I (will give/have

given) you on (that/those) crime[s].

[An explosive is any substance, or combination of substances, (1) whose

main or common purpose is to detonate or rapidly combust and (2)

which is capable of a relatively instantaneous or rapid release of gas and

heat.]

[An explosive is also any substance whose main purpose is to be

combined with other substances to create a new substance that can

release gas and heat rapidly or relatively instantaneously.]

[<insert type of explosive from Health & Saf. Code, § 12000>

is an explosive.]

[A destructive device is <insert definition from Pen. Code,

§ 16460>.]

[<insert type of destructive device from Pen. Code, § 16460>

is a destructive device.]

[The term[s] (explosive/ [and] destructive device) (is/are) defined in

another instruction.]

[Judicial officer means a magistrate, judge, justice, commissioner, or

referee of a state or federal court located in this state, or a person

appointed by a court to serve in one of these capacities.]

New January 2006; Revised February 2012