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CA · jury_instructions

CALCRIM No. 2860

Defense: Good Faith Belief Conduct Legal

activein force · 2019-01-01 – presentcompiled-edition

The defendant did not voluntarily and intentionally violate a legal duty

known to (him/her) if (he/she) had a good faith but mistaken

understanding of what (his/her) duty was under the law. This is so even

if the mistaken understanding was due to (his/her) own negligence. If the

defendant actually believed that (he/she) was meeting the requirements

of the tax laws, (his/her) belief did not have to be reasonable.

[A person’s (opinion that the tax laws violate his or her constitutional

rights/ [or] disagreement with the government’s tax collection system)

does not constitute a good faith misunderstanding of the law.]

The People have the burden of proving beyond a reasonable doubt that

the defendant did not act in good faith. If the People have not met this

burden, you must find the defendant not guilty of the crime[s] charged

[in Count[s]] [or the lesser offense[s] of <insert

description of lesser offense[s]>].

New January 2006

Provenance

Source
courts.ca.gov
Retrieved
2026-08-20
Edition
calcrim-2019
Content hash
ef1a7f8048db8d87bc05e232e8ed8f22aae222ab40f312d796299c934072d3ed
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