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 VOLUME 5 - CHAPTER 47
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47.3 Constructive Knowledge

    47.3.1 Constructive Knowledge

FORECITE National™
Instructions And Issues Omitted By The Pattern Instructions
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 VOLUME 5 - CHAPTER 47

    47.3.1    Constructive Knowledge

PRACTICE NOTE: If the statute allows conviction by criminal negligence, knowledge may be proven constructively by proof that the defendant "reasonably should have" known the required fact. However, because "criminal negligence must be evaluated objectively" (Walker v. Superior Court (CA 1988) 47 C3d 112, 136 [253 CR 1]), in any case where wrongful intent is absent due to the lack of actual knowledge, the "heightened requirements" of criminal negligence require the jury to find that a "reasonable person in defendant's position would have [had the requisite knowledge]." (Williams v. Garcetti (CA 1993) 5 C4th 561, 574 [20 CR2d 341]; see also People v. Simon (CA 1995) 9 C4th 493, 507-23 [37 CR2d 278] [willfully requires actual knowledge or criminal negligence]; FORECITE National™ 48.1.4 [Reasonable Person's Standard: Consideration Of Defendant’s "Situation"].)