CALCRIM No. 980

Vehicle (Pen. Code, § 417.3)

The defendant is charged [in Count] with brandishing a firearm

in the presence of someone in a motor vehicle [in violation of Penal Code

section 417.3].

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

prove that:

1. The defendant drew or exhibited a firearm in the presence of

another person who was in a motor vehicle that was being driven

on a public street or highway;

[AND]

2. The defendant drew or exhibited the firearm against the other

person in a threatening manner that would cause a reasonable

person to fear bodily harm(;/.)

<Give element 3 when instructing on self-defense or defense of another .>

[AND

3. The defendant did not act (in self-defense/ [or] in defense of

someone else).]

[A motor vehicle includes a (passenger vehicle/motorcycle/motor scooter/

bus/school bus/commercial vehicle/truck tractor and trailer/

<insert other type of motor vehicle>).]

[A motor vehicle is proceeding on a public street or highway if it is

moving on a street or highway with its engine running and propelling

the vehicle.]

[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.]

[The term[s] (firearm/ <insert other term>) (is/are) defined in

another instruction to which you should refer.]

[It is not required that the firearm be loaded.]

New January 2006; Revised February 2012