CALCRIM No. 1304

Code, § 11411(c))

The defendant is charged [in Count] with (terrorism by cross

burning/terrorism by religious symbol desecration) [in violation of Penal

Code section 11411(c)].

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

prove that:

<Alternative A—Private Property>

1. The defendant burned or desecrated a religious symbol on the

private property of another person;

2. The defendant knew the object that he or she burned or

desecrated was a religious symbol;

3. The defendant did not have authorization to burn or desecrate

the religious symbol on the property; and

4. 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].

<Alternative B—School Grounds>

1. The defendant burned or desecrated a religious symbol on the

property of a primary school, junior high school, middle school,

or high school;

2. The defendant knew the object that he or she burned or

desecrated was a religious symbol; and

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

terrorize someone who attends the school, works at the school or

is associated with the school.

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, but (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