CALCRIM No. 2384

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

The defendant is charged [in Count] with (soliciting/inducing/

encouraging/intimidating) someone under 18 years of age to commit the

crime of <insert description of Health and Safety Code

violation alleged> [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 willfully (solicited/induced/encouraged/intimidated)

<insert name of person solicited> to commit the

crime of <insert description of Health and Safety Code

violation alleged> [of] a 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 2B and the definition of analog substance below instead of

paragraph 2A.>

2A. The controlled substance was <insert type of

controlled substance>;

2B. The controlled substance was an analog of <insert

type of controlled substance>;

3. The defendant intended that <insert name of person

solicited> would commit that crime;

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

AND

5. At that time, <insert name of person solicited> 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.]]

To decide whether the defendant intended that <insert name

of person solicited> would commit the crime of <insert

description of Health and Safety Code violation alleged>, please refer to the

separate instructions that I (will give/have given) you on that crime.

Someone commits an act willfully when he or she does it willingly or on

purpose.

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

minute of his or her birthday has begun.]

<Defense: Good Faith Belief Over 18>

[The defendant is not guilty of this crime if (he/she) reasonably and

actually believed that <insert name of person solicited> was

18 years of age or older. The People have the burden of proving beyond

a reasonable doubt that the defendant did not reasonably and actually

believe that <insert name of person solicited> was at least 18

years of age. If the People have not met this burden, you must find the

defendant not guilty of this crime.]

New January 2006; Revised February 2014, September 2017, September 2018