CALCRIM No. 3181. Sex Offenses: Sentencing Factors - Multiple Victims (Pen. Code, § 667.61(e)(4))

Judicial Council of California Criminal Jury Instructions (2020 edition)

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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 in this case.
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; Revised March 2019
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].).
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.)
SECONDARY SOURCES
3 Witkin & Epstein, California Criminal Law (4th ed. 2012) Punishment,
§§ 459-463.
893
5 Witkin & Epstein, California Criminal Law (4th ed. 2012) Criminal Trial, § 727.
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).
CALCRIM No. 3181 ENHANCEMENTS AND SENTENCING FACTORS
894

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