California, United States of America
The following excerpt is from People v. Rodriguez, F071705 (Cal. App. 2017):
A trial court must give this instruction on its own motion if the prosecution substantially relies on circumstantial evidence to establish any element of the crime, including the element of intent. (People v. Yrigoyen (1955) 45 Cal.2d 46, 49-50.) There is no sua sponte duty to give the instruction if the circumstantial evidence is merely incidental to and corroborative of the direct evidence. (People v. Marlbrough (1961) 55 Cal.2d 249, 250-251.) Rodriguez did not request the instruction.