CALCRIM No. 2381

Minor (Health & Saf. Code, §§ 11353, 11354, 11380(a))

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

administer/give away) <insert type of controlled substance>,

a controlled substance, to someone under 18 years of age [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/furnish/administer/give

away) a controlled substance to <insert name of

alleged recipient>;

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

furnish/administer/give away) the controlled substance;

<If the controlled substance is not listed in the schedules set forth in

sections 11054 through 11058 of the Health and Safety Code, give

paragraph 3B and the definition of analog substance below instead of

paragraph 3A.>

3A. The controlled substance was <insert type of

controlled substance>;

3B. The controlled substance was an analog of <insert

type of controlled substance>;

4. At that time, the defendant was 18 years of age or older;

AND

5. At that time, <insert name of alleged recipient> was

under 18 years of age.

[In order to prove that the defendant is guilty of this crime, the People

must prove that <insert name of analog drug> is an analog

of <insert type of controlled substance>. An analog of a

controlled substance:

[1. Has a chemical structure substantially similar to the structure of

a controlled substance(./;)]

[OR]

[(2/1). Has, is represented as having, or is intended to have a stimulant,

depressant, or hallucinogenic effect on the central nervous system

substantially similar to or greater than the effect of a controlled

substance.]]

[Selling for the purpose of this instruction means exchanging a

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

[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.]

[Under the law, a person becomes one year older as soon as the first

minute of his or her birthday has begun.]

New January 2006; Revised February 2014, September 2017