CALCRIM No. 2570

The defendant is charged [in Count] with unlawfully possessing a

destructive device [in violation of Penal Code section 18710].

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

prove that:

1. The defendant possessed a destructive device;

2. The defendant knew (he/she) possessed it;

AND

3. The defendant knew that what (he/she) possessed was a

destructive device.

[A destructive device is <insert definition from Pen. Code,

§ 16460>.]

[<insert type of destructive device from Pen. Code, § 16460>

is a destructive device.]

[The term destructive device is defined in another instruction.]

[Two or more people may possess something at the same time.]

[A person does not have to actually hold or touch something to possess

it. It is enough if the person has (control over it/ [or] the right to control

it), either personally or through another person.]

[The People allege that the defendant possessed the following destructive

devices: <insert description of each destructive device when

multiple devices alleged>. Y ou may not find the defendant guilty unless all

of you agree that the People have proved that the defendant possessed at

least one of the alleged devices, and you all agree on which alleged

device (he/she) possessed.]

<Defense: Permit>

[The defendant did not unlawfully possess a destructive device if (he/she)

had a valid permit to do so. The People have the burden of proving

beyond a reasonable doubt that the defendant did not have a valid

permit. If the People have not met this burden, you must find the

defendant not guilty of this crime.]

New January 2006; Revised February 2012