CALCRIM No. 2573

Device With Intent to Injure or Damage (Pen. Code, § 18740)

The defendant is charged [in Count] with (possessing/ [or]

exploding/ [or] igniting/ [or] attempting to (explode/ [or] ignite)) (an

explosive/ [or] a destructive device) with intent (to injure, intimidate, or

terrify another person/ [or] to wrongfully damage or destroy someone

else’s property) [in violation of Penal Code section 18740].

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

prove that:

1. The defendant (possessed/ [or] exploded/ [or] ignited/ [or]

attempted to (explode/ [or] ignite)) (an explosive/ [or] a

destructive device);

AND

2. At the time the defendant acted, (he/she) intended (to injure,

intimidate, or terrify another person/ [or] to wrongfully damage

or destroy someone else’s property).

[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.]

[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/ [or] exploded/ [or]

ignited/ [or] attempted to (explode/ [or] ignite)) 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/ [or] exploded/ [or] ignited/

[or] attempted to (explode/ [or] ignite)) at least one of the alleged items,

and you all agree on which alleged item (he/she) (possessed/ [or]

exploded/ [or] ignited/ [or] attempted to (explode/ [or] ignite)).]

New January 2006; Revised February 2012