California Criminal Jury Instructions (CALCRIM 2023)

CA 362. Consciousness of Guilt: False Statements

If [the] defendant [ _______________ ] made a false or misleading statement before this trial relating to the charged crime, knowing the statement was false or intending to mislead, that conduct may show (he/she) was aware of (his/ her) guilt of the crime and you may consider it in determining (his/her) guilt. [You may not consider the statement in deciding any other defendant’s guilt.]

If you conclude that the defendant made the statement, it is up to you to decide its meaning and importance. However, evidence that the defendant made such a statement cannot prove guilt by itself.

New January 2006; Revised August 2009, April 2010, September 2019

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California Criminal Jury Instructions (CALCRIM 2017)

CA 362. Consciousness of Guilt: False Statements

If [the] defendant [ <insert name of defendant when multiple defendants on trial>] made a false or misleading statement before this trial relating to the charged crime, knowing the statement was false or intending to mislead, that conduct may show (he/she) was aware of (his/ her) guilt of the crime and you may consider it in determining (his/her) guilt. [You may not consider the statement in deciding any other defendant’s guilt.]

If you conclude that the defendant made the statement, it is up to you to decide its meaning and importance. However, evidence that the defendant made such a statement cannot prove guilt by itself.

New January 2006; Revised August 2009, April 2010