CALCRIM No. 2316

§§ 11355, 11382)

The defendant is charged [in Count] with intending to (sell/

transport/administer/give/furnish/deliver) a noncontrolled substance in

lieu of <insert name of controlled substance> [in violation of

<insert appropriate code section[s]>].

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

prove that:

1. The defendant [unlawfully] offered to (sell/transport/administer/

give/furnish/deliver) <insert name of controlled

substance>, a controlled substance;

AND

2. When the defendant made the offer, (he/she) intended to (sell/

transport/administer/give/furnish/deliver) a noncontrolled

substance in lieu of <insert name of controlled

substance>.

[Selling for the purpose of this instruction means exchanging a

noncontrolled substance for money, services, or anything of value.]

[A person transports something if he or she carries or moves it from one

location to another, even if the distance is short.]

[A person administers a substance if he or she applies it directly to the

body of another person by injection, or by any other means, or causes

the other person to inhale, ingest, or otherwise consume the substance.]

[The People do not need to prove that the defendant actually possessed

the noncontrolled substance.]

New January 2006