CALCRIM No. 982

(Pen. Code, § 417.8)

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

deadly weapon) to resist arrest or detention [in violation of Penal Code

section 417.8].

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

prove that:

1. The defendant drew or exhibited a (firearm/deadly weapon);

AND

2. When the defendant drew or exhibited the (firearm/deadly

weapon), (he/she) intended to resist arrest or to prevent a peace

officer from arresting or detaining (him/her/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.]

[A deadly weapon is any object, instrument, or weapon [that is inherently

deadly or one] that is used in such a way that it is capable of causing

and likely to cause death or great bodily injury.]

[An object is inherently deadly if it is deadly or dangerous in the

ordinary use for which it was designed.]

[In deciding whether an object is a deadly weapon, consider all the

surrounding circumstances.]

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

an injury that is greater than moderate harm.]

[The term[s] (firearm [,]/ deadly weapon[,]/ [and] great bodily injury) (is/

are) defined in another instruction to which you should refer.]

[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”> .]

New January 2006; Revised February 2012, February 2013, September 2019,

September 2020, March 2022, October 2025