CALCRIM No. 2964

Resulting in Death or Great Bodily Injury (Bus. & Prof. Code,

§ 25658(a) & (c))

The defendant is charged [in Count] with [unlawfully]

(purchasing an alcoholic beverage for[,]/ [or] (furnishing[,]/ [or] giving[,]/

[or] giving away) an alcoholic beverage to[,]) a person under 21 years

old causing (death/ [or] great bodily injury) [in violation of Business and

Professions Code section 25658].

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

prove that:

1. The defendant [unlawfully] (purchased an alcoholic beverage

for[,]/ [or] (furnished[,]/ [or] gave[,]/ [or] gave away) an alcoholic

beverage to[,]) <insert name of person under 21>;

2. When the defendant did so, <insert name of person

under 21> was under 21 years old;

3. <insert name of person under 21> consumed the

alcoholic beverage;

AND

4. ’s <insert name of person under 21> consumption of

the alcoholic beverage caused (death/ [or] great bodily injury) to

(himself/herself/ [or] another person).

An alcoholic beverage is a liquid or solid material intended to be

consumed that contains one-half of 1 percent or more of alcohol by

volume. [An alcoholic beverage includes <insert type[s] of

beverage[s] from Bus. & Prof. Code, § 23004, e.g., wine, beer>.]

[Great bodily injury is significant or substantial physical injury. It is an

injury that is greater than moderate harm.]

An act causes (death/ [or] great bodily injury) if the (death/ [or] injury)

is the direct, natural, and probable consequence of the act and the

(death/ [or] injury) would not have happened without the act. A natural

and probable consequence is one that a reasonable person would know is

likely to happen if nothing unusual intervenes. In deciding whether a

consequence is natural and probable, consider all the circumstances

established by the evidence.

[There may be more than one cause of (death/ [or] great bodily injury).

An act causes (death/ [or] injury) only if it is a substantial factor in

causing the (death/ [or] injury). A substantial factor is more than a trivial

or remote factor. However, it does not need to be the only factor that

causes the (death/ [or] injury).]

[Under the law, a person becomes one year older as soon as the first

minute of his or her birthday has begun.]

<Defense: Good Faith Belief at Least 21>

[The defendant is not guilty of this crime if (he/she) reasonably and

actually believed that <insert name of person under 21> was

at least 21 years old. The People have the burden of proving beyond a

reasonable doubt that the defendant did not reasonably and actually

believe that <insert name of person under 21> was at least

21 years old. If the People have not met this burden, you must find the

defendant not guilty of this crime.]

<Defense: Actual Reliance on Identification>

[The defendant did not unlawfully furnish an alcoholic beverage to a

person under 21 years old if:

1. The defendant [or (his/her) (employee/ [or] agent)] demanded to

see a government-issued document as evidence of ’s

<insert name of person under 21> age and identity;

2. <insert name of person under 21> showed the

defendant [or (his/her) employee/ [or] agent)] a government -

issued document, or what appeared to be a government-issued

document, as evidence of (his/her) age and identity;

AND

3. The defendant [or (his/her) employee/ [or] agent)] actually relied

on the document as evidence of ’s <insert name of

person under 21> age and identity.

As used here, a government-issued document is a document [including a

driver’s license or an identification card issued to a person in the armed

forces] that has been, or appears to have been, issued by a government

agency and contains the person’s name, date of birth, description, and

picture. The government-issued document does not have to be genuine.

[An agent is a person who is authorized to act for the defendant in

dealings with other people.]

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

the defendant did not actually rely on a government-issued document, or

what appeared to be a government-issued document, as evidence of

’s <insert name of person under 21> age and identity. If the

People have not met this burden, you must find the defendant not guilty

of this crime.]

New January 2006; Revised August 2006, October 2025

VANDALISM, LOITERING, AND TRESPASS CALCRIM No. 2964