CALCRIM No. 2745

(Pen. Code, § 4502)

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

manufacturing[,]/ [or] attempting to manufacture) a weapon, specifically

[(a/an)] <insert type of weapon from Pen. Code, § 4502, e.g.,

“explosive”> , while (in a penal institution/being taken to or from a penal

institution/under the custody of an (official/officer/employee) of a penal

institution) [in violation of Penal Code section 4502].

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

prove that:

1. The defendant was (present at or confined in a penal institution/

being taken to or from a penal institution/under the custody of an

(official/officer/employee) of a penal institution);

2. The defendant (possessed[,]/ [or] carried on (his/her) person[,]/

[or] had under (his/her) custody or control[,]/ [or]

manufactured[,]/ [or] attempted to manufacture) [(a/an)]

<insert type of weapon from Pen. Code, § 4502, e.g.,

“explosive”> ;

3. The defendant knew that (he/she) (possessed[,]/ [or] carried on

(his/her) person[,]/ [or] had under (his/her) custody or control[,]/

[or] manufactured[,]/ [or] attempted to manufacture) the

<insert type of weapon from Pen. Code, § 4502, e.g.,

“explosive”> ;

AND

4. The defendant knew that the object (was [(a/an)]

<insert type of weapon from Pen. Code, § 4502, e.g., “explosive”> /

could be used <insert description of weapon’s use,

e.g., “as a stabbing weapon,” or “for purposes of offense or

defense”> ).

A penal institution is a (state prison[,]/ [or] prison camp or farm[,]/ [or]

county jail[,]/ [or] county road camp).

[Metal knuckles means any device or instrument made wholly or

partially of metal that is worn in or on the hand for purposes of offense

or defense and that either protects the wearer’s hand while striking a

blow or increases the injury or force of impact from the blow. The metal

contained in the device may help support the hand or fist, provide a

shield to protect it, or consist of projections or studs that would contact

the individual receiving a blow.]

[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/are) [an] explosive[s].]

[Fixed ammunition is a projectile and powder enclosed together in a case

ready for loading.]

[A dirk or dagger is a knife or other instrument, with or without a

handguard, that is capable of ready use as a stabbing weapon that may

inflict great bodily injury or death.] [Great bodily injury means significant

or substantial physical injury. It is an injury that is greater than

moderate harm.]

[A firearm is any device designed to be used as a weapon, from which a

projectile is discharged or expelled through a barrel by the force of an

explosion or other form of combustion.] [A firearm need not be in

working order if it was designed to shoot and appears capable of

shooting.]

[Tear gas is a liquid, gaseous, or solid substance intended to produce

temporary physical discomfort or permanent injury when vaporized or

otherwise dispersed in the air.]

[A tear gas weapon is a shell, cartridge, or bomb capable of being

discharged or exploded to release or emit tear gas.] [A tear gas weapon

[also] means a revolver, pistol, fountain pen gun, billy, or other device,

portable or fixed, intended specifically to project or release tear gas.] [A

tear gas weapon does not include a device regularly manufactured and

sold for use with firearm ammunition.]

[[(A/An)] <insert type of weapon from Pen. Code, § 4502, not

covered in above definitions> (is/means/includes) <insert

appropriate definition, see Bench Notes>.]

The People do not have to prove that the defendant used or intended to

use the object as a weapon.

[Y ou may consider evidence that the object could be used in a harmless

way in deciding if the object is (a/an) <insert type of weapon

from Pen. Code, § 4502>, as defined here.]

[The People do not have to prove that the object was (concealable[,]/ [or]

carried by the defendant on (his/her) person[,]/ [or] (displayed/visible)).]

CRIMES AGAINST GOVERNMENT CALCRIM No. 2745

[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] carried on (his/

her) person[,]/ [or] had under (his/her) custody or control[,]/ [or]

manufactured[,]/ [or] attempted to manufacture) the following weapons:

<insert description of each weapon 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] carried

on (his/her) person[,]/ [or] had under (his/her) custody or control[,]/ [or]

manufactured[,]/ [or] attempted to manufacture) at least one of these

weapons and you all agree on which weapon (he/she) (possessed[,]/ [or]

carried on (his/her) person[,]/ [or] had under (his/her) custody or

control[,]/ [or] manufactured[,]/ [or] attempted to manufacture).]

New January 2006; Revised February 2012, September 2020, October 2025,

February 2026*

* Denotes changes only to bench notes and other commentaries.