CALCRIM No. 2950

Code, § 399)

The defendant is charged [in Count] with causing (injury/death)

by failing to maintain control of a dangerous animal [in violation of

Penal Code section 399].

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

prove that:

1. The defendant (owned/ [or] had custody or control of) a

dangerous animal;

2. The defendant knew that the animal was dangerous;

<Alternative 3A—allowed to run free>

[3. The defendant willfully allowed the animal to run free;]

<Alternative 3B—failed to use ordinary care>

[3. The defendant failed to use ordinary care in keeping the animal;]

[AND]

4. The animal (killed/caused serious bodily injury to)

<insert name of person allegedly attacked> while the defendant

(allowed it to run free/failed to use ordinary care in keeping it)(;/

.)

<Give element 5 unless alleged victim not capable of taking precautions;

see Bench Notes.>

[AND

5. <insert name of person allegedly attacked> took all

the precautions that a reasonable person would have taken in the

same situation.]

[If the People have proved that <insert name of person

allegedly attacked> was (under the age of five years/incapable of taking

reasonable precautions because <insert reason for

incapacity>), then the People do not need to prove item 5 and you do not

have to find that (he/she) took all the precautions that a reasonable

person would have taken in the same situation.]

[Someone commits an act willfully when he or she does it willingly or on

purpose. It is not required that he or she intend to break the law, hurt

someone else, or gain any advantage.]

[Using ordinary care means using reasonable care to prevent reasonably

foreseeable harm to someone else. A person fails to use ordinary care if

he or she (does something that a reasonably careful person would not do

in the same situation/ [or] fails to do something that a reasonably careful

person would do in the same situation).]

[A serious bodily injury means a serious impairment of physical

condition. Such an injury may include[, but is not limited to]: (loss of

consciousness/ concussion/ bone fracture/ protracted loss or impairment

of function of any bodily member or organ/ a wound requiring extensive

suturing/ [and] serious disfigurement).]

New January 2006