California Criminal Jury Instructions (CALCRIM) (2017)

1191b. Evidence of Charged Sex Offense

Download PDF
1191B.Evidence of Charged Sex Offense
The People presented evidence that the defendant committed the
crime[s] of <insert description of offense[s]> charged in
Count[s] <insert count[s] of sex offense[s] charged in this
case >.
If the People have proved beyond a reasonable doubt that the defendant
committed one or more of these crimes, you may, but are not required
to, conclude from that evidence that the defendant was disposed or
inclined to commit sexual offenses, and based on that decision, also
conclude that the defendant was likely to commit [and did commit] the
other sex offense[s] charged in this case.
If you find that the defendant committed one or more of these crimes,
that conclusion is only one factor to consider along with all the other
evidence. It is not sufficient by itself to prove that the defendant is
guilty of another crime. The People must still prove (the/each) (charge/
[and] allegation) beyond a reasonable doubt.
New March 2017
BENCH NOTES
Instructional Duty
The court must give this instruction on request if the People rely on charged
offenses as evidence of predisposition to commit similar crimes charged in the
same case, Evid. Code section 355.
Related Instructions
CALCRIM No. 375, Evidence of Uncharged Offense to Prove Identity, Intent,
Common Plan, etc.
CALCRIM No. 1191A, Evidence of Uncharged Sex Offense.
CALCRIM No. 852A, Evidence of Uncharged Domestic Violence.
CALCRIM No. 852B, Evidence of Charged Domestic Violence.
CALCRIM No. 853A, Evidence of Uncharged Abuse of Elder or Dependent
Person.
CALCRIM No. 853B, Evidence of Charged Abuse of Elder or Dependent Person.
AUTHORITY
• Charged Offenses Proved Beyond a Reasonable Doubt May Be Evidence of
Propensity.People v. Cruz (2016) 206 Cal.Rptr.3d 835, 2 Cal.App.5th 1178,
1186–1186]; People v. Villatoro (2012) 54 Cal.4th 1152, 1161 [144 Cal.Rptr.3d
401, 281 P.3d 390].
936
0228
Secondary Sources
1 Witkin, California Evidence (5th ed. 2012) Circumstantial Evidence, §§ 98–100.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 142,
Crimes Against the Person, § 142.23[3][e][ii], [4] (Matthew Bender).
Couzens & Bigelow, Sex Crimes: California Law and Procedure § 12:9 (The Rutter
Group).
SEX OFFENSES CALCRIM No. 1191B
937
0229