CALCRIM No. 1303

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

symbol [in violation of Penal Code section 11411].

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

prove that:

1. The defendant placed or displayed a sign, mark, symbol, emblem,

or physical impression on the private property of another person;

2. The defendant did not have authorization to place or display the

sign, symbol, emblem or physical impression on the property;

[AND]

3. The defendant committed (this/these) act[s] with the intent to

terrorize the owner or occupant of the property [or with reckless

disregard of the risk of terrorizing the owner or occupant of the

property].

<Include the fourth element in Penal Code section 11411(b)

prosecutions.>

[AND

4. The defendant committed these acts on two or more occasions.]

To terrorize means to cause a person of ordinary emotions and

sensibilities to fear for his or her personal safety.

<Alternative A—Reckless Disregard: General Definition>

[A person acts with reckless disregard when (1) he or she knows there is

a substantial and unjustifiable risk that his or her act will terrorize the

owner or occupant, (2) he or she ignores that risk, and (3) ignoring the

risk is a gross deviation from what a reasonable person would have done

in the same situation.]

<Alternative B—Reckless Disregard: V oluntary Intoxication>

[A person acts with reckless disregard when (1) he or she does an act that

presents a substantial and unjustifiable risk of terrorizing the owner or

occupant, and (2) he or she is unaware of the risk because he or she is

voluntarily intoxicated. Intoxication is voluntary if the defendant

willingly used any intoxicating drink, drug, or other substance knowing

that it could produce an intoxicating effect.]

New August 2006