CALCRIM No. 985

The defendant is charged [in Count] with brandishing an

imitation firearm [in violation of Penal Code section 417.4].

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

prove that:

1. The defendant drew or exhibited an imitation firearm in a

threatening manner against another person;

2. The defendant’s act caused someone to fear bodily harm to

himself or herself or someone else;

[AND]

3. That fear of harm was reasonable(;/.)

<Give element 4 when instructing on self-defense or defense of another .>

[AND

4. When the defendant drew or exhibited the imitation firearm, (he/

she) was not acting (in self-defense/ [or] in defense of someone

else).]

An imitation firearm is a device[, or a toy gun, replica of a firearm, gun -

shaped phone case, or BB device,] that is so substantially similar to a

real firearm in color and overall appearance that a reasonable person

would believe that it is a real firearm. [A BB device is an instrument that

expels a projectile, such as a BB or other pellet, either 6 millimeters or 8

millimeters in caliber, through the force of air pressure, gas pressure, or

spring action, or any spot marker gun that expels a projectile 10

millimeters or less in caliber.]

New January 2006; Revised February 2012, February 2016, September 2017