CALCRIM No. 2572

Place (Pen. Code, § 18715)

The defendant is charged [in Count] with recklessly or

maliciously possessing (an explosive/ [or] a destructive device) (in[,]/

on[,]/ [or] near) <insert type of place alleged from Pen. Code,

§ 18715> [in violation of Penal Code section 18715].

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

prove that:

1. The defendant recklessly or maliciously possessed (an explosive/

[or] a destructive device);

AND

2. At the time the defendant possessed the (substance/ [or] device),

(he/she) was

<2A.>

[on a public street or highway](;[or]/.)

<2B.>

[in or near a (theater[,]/ hall[,]/ school[,]/ college[,]/ church[,]/ hotel[,]/

[or] other public building/ [or] private habitation](;[or]/.)

<2C.>

[in, on, or near a (plane[,]/ passenger train[,]/ car[,]/ cable road or

cable car[,]/ boat carrying paying passengers)](; or/.)

<2D.>

[in, on, or near another public place ordinarily passed by human

beings].

A person acts recklessly when (1) he or she is aware that his or her

actions present a substantial and unjustifiable risk, (2) he or she ignores

that risk, and (3) the person’s behavior is grossly different from what a

reasonable person would have done in the same situation.

Someone acts maliciously when he or she intentionally does a wrongful

act or when he or she acts with the unlawful intent to annoy or injure

someone else.

[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, § 12000>

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.]

[The People do not need to prove that the (explosive/ [or] destructive

device) was set to explode.]

[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

(explosive[s]/ [or] destructive device[s]): <insert description

of each explosive or destructive device when multiple items 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

items and you all agree on which alleged item (he/she) possessed.]

New January 2006; Revised February 2012, September 2019