CALCRIM No. 2401

(Health & Saf. Code, § 11365)

The defendant is charged [in Count] with aiding and abetting

unlawful use of a controlled substance in a place [in violation of Health

and Safety Code section 11365].

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

prove that:

1. The defendant willfully and intentionally (visited/ [or] was present

in) a place where someone else was (smoking/ [or] using)

<insert controlled substance specified in Health & Saf.

Code, § 11365>, a controlled substance;

2. The defendant knew that the other person intended to (smoke/

[or] use) the controlled substance;

3. The defendant intended to aid and abet the other person in

(smoking/ [or] using) the controlled substance;

4. The defendant did or said something that did in fact aid and abet

the other person in (smoking/ [or] using) the controlled

substance;

AND

5. The defendant knew that (his/her) words or conduct aided and

abetted the other person in (smoking/ [or] using) the controlled

substance.

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

purpose.

Someone aids and abets a crime if, before or during the commission of

the crime, he or she knows of the perpetrator’s unlawful purpose and he

or she specifically intends to, and does in fact, aid, facilitate, promote,

encourage, or instigate the perpetrator’s commission of that crime.

[If you conclude that the defendant was present at the scene of the crime

or failed to prevent the crime, you may consider that fact in determining

whether the defendant was an aider and abettor. However, the fact that a

person is present at the scene of a crime or fails to prevent the crime

does not, by itself, make him or her an aider and abettor.]

[A person who aids and abets a crime is not guilty of that crime if he or

she withdraws before the crime is committed. To withdraw, a person

must do two things:

1. He or she must notify everyone else he or she knows is involved

in the commission of the crime that he or she is no longer

participating. The notification must be made early enough to

prevent the commission of the crime;

AND

2. He or she must do everything reasonably within his or her power

to prevent the crime from being committed. He or she does not

have to actually prevent the crime.

The People have the burden of proving beyond a reasonable doubt that

the defendant did not withdraw. If the People have not met this burden,

you may not find the defendant guilty under an aiding and abetting

theory.]

New January 2006