What is the proper instruction to the jury on the elements of misdemeanor animal neglect?

California, United States of America


The following excerpt is from People v. Wilson, E066340 (Cal. App. 2018):

A person may be guilty of misdemeanor animal neglect for failing to provide an animal with proper care and attention. The instruction to the jury tracked the language in the statute.2 ( 597.1, subd. (a)(1).) "The language of a statute defining a crime or defense is generally an appropriate and desirable basis for an instruction, and is ordinarily sufficient when the defendant fails to request amplification." (People v. Poggi (1988) 45 Cal.3d 306, 327.) The prosecutor represented to the court that he had emailed the proposed instruction to defense counsel. The trial court asked if the proposed instruction was acceptable. Defense counsel responded in the affirmative, failing to request amplification. The trial court properly instructed the jury on all of the elements of misdemeanor animal neglect.

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