Criminal Law

3181. Sex Offenses: Sentencing Factors - Multiple Victims

If you find the defendant guilty of two or more sex offenses, as charged in Counts <insert counts charging sex offense[s] from Pen. Code, § 667.61(c)>, you must then decide whether the People have proved the additional allegation that those crimes were committed against more than one victim.

The People have the burden of proving this allegation beyond a reasonable doubt. If the People have not met this burden, you must find that this allegation has not been proved.

Bench Notes

Instructional Duty

The court has a sua sponte duty to give this instruction on the sentencing factor when charged. (Apprendi v. New Jersey (2000) 530 U.S. 466, 490 [120 S.Ct. 2348, 147 L.Ed.2d 435].)

This sentencing factor must be pleaded, proved, and found true by the trier of fact. (People v. Mancebo (2002) 27 Cal.4th 735, 743 [117 Cal.Rptr.2d 550, 41 P.3d 556].) The court may not impose a sentence using this factor unless the jury has specifically made a finding that the factor has been proved, even if the defendant is convicted in the proceeding of qualifying offenses against more than one person. (Ibid.)


One-Strike Sex Offense Statute—Multiple Victims Factor. Pen. Code, § 667.61(e)(5).

Factors Must Be Pleaded and Proved. Pen. Code, § 667.61(i); People v. Mancebo (2002) 27 Cal.4th 735, 743 [117 Cal.Rptr.2d 550, 41 P.3d 556].).

Secondary Sources

3 Witkin & Epstein, California Criminal Law (3d ed. 2000) Punishment, §§ 386-389.

5 Witkin & Epstein, California Criminal Law (3d ed. 2000) Criminal Trial, § 644.

5 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 91, Sentencing, § 91.102[2][a][ii], [3] (Matthew Bender).

Related Issues

"Present Case or Cases"

This sentencing factor applies when the "offenses are prosecuted 'in the present case or cases."' (People v. Stewart (2004) 119 Cal.App.4th 163, 171 [14 Cal.Rptr.3d 353].) There is no requirement that the offenses be committed on the same date or in the course of the same transaction, so long as the offenses are tried together. (Id. at p. 172.)

See also the Related Issues section of CALCRIM No. 3175, Sex Offenses: Sentencing Factors—Aggravated Kidnapping.

(New January 2006)