CALCRIM No. 451

Liability

The defendant is charged [in Count] with <insert

offense charged> while acting as an (officer/ [or] agent) of a corporation.

The People must prove that the defendant either personally committed

or was a direct participant in the crime charged. The fact that the

defendant is an (officer/ [or] agent) of the corporation is not sufficient by

itself to support a finding of guilt.

To prove that the defendant personally committed the crime charged, the

People must prove that the defendant <insert description of

conduct alleged in offense>.

To prove that the defendant was a direct participant in the crime

charged, the People must prove that:

1. The defendant had the authority to control <insert

description of conduct alleged in offense>;

[AND]

2. The defendant (failed to/authorized/caused/permitted)

<insert description of conduct alleged in offense>(;/.)

<Alternative 3A: Give if offense alleged requires only knowledge or

general criminal intent.>

[AND

3. The defendant knew <insert description of knowledge

about conduct alleged in offense>(;/.)]

<Alternative 3B: Give if offense alleged requires specific intent.>

[AND

3. When the defendant acted, (he/she) intended to ___________

<insert description of specific intent required>.]

New January 2006