CALCRIM No. 2574

§ 18730)

The defendant is charged [in Count] with (selling/transporting) a

destructive device [in violation of Penal Code section 18730].

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

prove that:

1. The defendant (sold/transported) a destructive device;

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

AND

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

destructive device.

[As used here, selling means exchanging something for money, services,

or anything of value.]

[A person transports something if he or she carries or moves it from one

location to another even if the distance is short.]

[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 (sell/transport) something at the same time.]

[A person does not have to actually hold or touch something to (sell/

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

to control it), either personally or through another person.]

<Defense: Statutory Exception>

[The defendant did not unlawfully (sell/transport) a destructive device if

(he/she) was legally authorized to do so. The People have the burden of

proving beyond a reasonable doubt that the defendant was not legally

authorized to (sell/transport) a destructive device. If the People have not

met this burden, you must find the defendant not guilty of this crime.]

New January 2006; Revised February 2012