Does the court erred by failing to instruct the jury that a violation of section 647, subdivision (j)(4) must be "knowing"?

California, United States of America


The following excerpt is from People v. Iniguez, 202 Cal.Rptr.3d 237, 247 Cal.App.4th Supp. 1 (Cal. Super. 2016):

Defendant argues the court erred by failing to instruct the jury that a violation of section 647, subdivision (j)(4) must be knowing; failing to define distributes and serious emotional distress; failing to provide a unanimity instruction; and failing to instruct the jury pursuant to CALCRIM No. 358 that it should consider with caution any statements made by defendant tending to show his guilt. We review de novo whether jury instructions state the law correctly. [Citation.] (People v. Jackson (2010) 190 Cal.App.4th 918, 923, 118 Cal.Rptr.3d 623.)

[202 Cal.Rptr.3d 244]

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