CALCRIM No. 981

Code, § 417(c) & (e))

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

in the presence of a peace officer [in violation of Penal Code section 417].

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 immediate

presence of a peace officer;

2. The defendant drew or exhibited the firearm in a rude, angry, or

threatening manner;

3. When the defendant acted, the officer was lawfully performing

(his/her) duties;

[AND]

4. When the defendant acted, (he/she) knew, or reasonably should

have known, from the person’s uniform or other identifying

action[s] that the person was a peace officer who was performing

(his/her) duties(;/.)

<Give element 5 when instructing on self-defense or defense of another .>

[AND

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

someone else).]

[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 firearm is defined in another instruction to which you should

refer.]

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

[A person who is employed as a police officer by <insert

name of agency that employs police offıcer> is a peace officer.]

[A person employed by <insert name of agency that employs

peace offıcer , e.g., “the Department of Fish and Wildlife”> is a peace officer

if <insert description of facts necessary to make employee a

peace offıcer , e.g., “designated by the director of the agency as a peace

offıcer”> .]

[The duties of a <insert title of offıcer> include

<insert job duties>.]

New January 2006; Revised April 2011, February 2012