CALCRIM No. 2571

Common Carrier (Pen. Code, § 18725)

The defendant is charged [in Count] with (carrying/ [or] placing)

(an explosive/ [or] a destructive device) on (a/an) (common carrier/boat/

plane/car/bus/ <insert type of other vehicle>) that transports

paying passengers [in violation of Penal Code section 18725].

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

prove that:

<Alternative 1A—carried or placed on common carrier>

[1. The defendant willfully (carried/ [or] placed) (an explosive/ [or] a

destructive device) on (a/an) (common carrier/boat/plane/car/bus/

<insert type of other vehicle>) that transports paying

passengers;]

<Alternative 1B—carried or placed in baggage while on common

carrier>

[1. The defendant willfully (carried/ [or] placed) (an explosive/ [or] a

destructive device) in (hand baggage[,]/ a roll[,]/ (or another/a)

container) while on board (a/an) (common carrier/boat/plane/car/

bus/ <insert type of other vehicle>) that transports

paying passengers;]

<Alternative 1C—placed in baggage to be checked on common carrier>

[1. The defendant willfully placed (an explosive/ [or] a destructive

device) in baggage that was later checked with a common

carrier;]

AND

2. The defendant knew that the object that (he/she) (carried/ [or]

placed) was (an explosive/ [or] a destructive device).

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

purpose. It is not required that he or she intend to break the law, hurt

someone else, or gain any advantage.

[An explosive is any substance, or combination of substances, (1) whose

main or common purpose is to detonate or rapidly combust and (2)

which is capable of a relatively instantaneous or rapid release of gas and

heat.]

[An explosive is also any substance whose main purpose is to be

combined with other substances to create a new substance that can

release gas and heat rapidly or relatively instantaneously.]

[<insert type of explosive from Health & Saf. Code, § 16460>

is an explosive.]

[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[s] (explosive/ [and] destructive device) (is/are) defined in

another instruction.]

[A common carrier is a person or business that publicly offers to carry

persons, property, or messages. [A person or business that publicly offers

to carry only telegraphic messages is not a common carrier.]]

[<insert type or name of common carrier> is a common

carrier.]

New January 2006; Revised February 2012