California Criminal Jury Instructions (CALCRIM) (2017)

3181. Sex Offenses: Sentencing Factors - Multiple Victims

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3181.Sex Offenses: Sentencing Factors—Multiple Victims (Pen.
Code, § 667.61(e)(4))
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.
New January 2006
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.)
AUTHORITY
• One-Strike Sex Offense Statute—Multiple Victims Factor. Pen. Code,
§667.61(e)(4).
• Factors Must Be Pleaded and Proved. Pen. Code, § 667.61(j); 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).
Couzens & Bigelow, Sex Crimes: California Law and Procedure § 13:9 (The Rutter
Group).
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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.)
CALCRIM No. 3181 ENHANCEMENTS AND SENTENCING FACTORS
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