3183.Sex Offenses: Sentencing Factors—Administered
Controlled Substance (Pen. Code, § 667.61(e)(6))
If you ﬁnd the defendant guilty of the crime[s] charged in Count[s]
<insert counts charging sex offense[s] from Pen. Code,
§ 667.61(c)>, you must then decide whether[, for each crime,] the People
have proved the additional allegation that the defendant administered a
controlled substance to <insert name[s] of alleged
victim[s]> during the commission of (that/those) crime[s]. [You must
decide whether the People have proved this allegation for each crime
and return a separate ﬁnding for each crime.]
To prove this allegation, the People must prove that:
1. In the commission of <insert sex offense[s] from Pen.
Code, § 667.61(c)>, the defendant administered
<insert controlled substance from Health & Saf. Code,
§§ 11054–11058> to <insert name[s] of alleged
2. The defendant administered the <insert controlled
substance from Health & Saf. Code, §§ 11054–11058> against that
person’s will by means of force, violence, or fear of immediate
and unlawful bodily injury to that person [or someone else];
3. The defendant did so for the purpose of committing
<insert felony alleged>.
A person administers a substance if he or she applies it directly to the
body of another person by injection, or by any other means, or causes
the other person to inhale, ingest, or otherwise consume the substance.
<If there is an issue in the case as to whether the defendant acted “during
the commission of” the offense, see Bench Notes.>
The People have the burden of proving each allegation beyond a
reasonable doubt. If the People have not met this burden, you must ﬁnd
that the allegation has not been proved.
New January 2006
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].)