California Criminal Jury Instructions (CALCRIM) (2017)

3184. Sex Offenses: Sentencing Factors—Using Force or Fear to Cause Minor to Engage in Commercial Sex Act (Pen. Code, § 236.1(c)(2))

Download PDF
3184.Sex Offenses: Sentencing Factors—Using Force or Fear to
Cause Minor to Engage in Commercial Sex Act (Pen. Code,
§ 236.1(c)(2))
If you find the defendant guilty of the crime[s] charged in Count[s]
<insert count[s] charging violation[s] of Penal Code section
236.1(c)> you must then decide whether[, for each crime,] the People
have proved the additional allegation that when the defendant
committed (that/those) crime[s], (he/she) used (force[,]/ [or] fear[,]/ [or]
deceit[,]/ [or] coercion[,]/ [or] violence[,]/ [or] duress[,]/ [or] menace)
[on]) ([or] threat of unlawful injury to) (the other person/ [or] to
someone else).
[Duress means a direct or implied threat of force, violence, danger,
hardship, or retribution that is enough to cause a reasonable person to
do [or submit to] something that he or she would not otherwise do [or
submit to].
[Duress includes (a direct or implied threat to destroy, conceal, remove,
confiscate, or possess any actual or purported passport or immigration
document of the other person/ [or] knowingly destroying, concealing,
removing, confiscating, or possessing any actual or purported passport
or immigration document of the other person).]
[Menace means a verbal or physical threat of harm[, including use of a
deadly weapon]. The threat of harm may be express or implied.]
[Coercion includes any scheme, plan, or pattern intended to cause a
person to believe that failing to perform an act would result in (serious
harm to or physical restraint again someone else/ [or] the abuse or
threatened abuse of the legal process/ [or] debt bondage/ [or] providing
or facilitating the possession of any controlled substance to impair the
other person’s judgment).]
[Serious harm includes any harm, either physical or nonphysical,
including psychological, financial, or reputational harm, that is
sufficiently serious, under all the circumstances, to force a reasonable
person of the same background and in the same circumstances to
perform or to continue performing labor, services[, or commercial sex
acts] in order to avoid that harm.]
[When you decide whether the defendant acted with (duress/ [or]
coercion), consider all of the circumstances, including the age of the
other person, (his/her) relationship to the defendant [or defendant’s
agent[s]], and the other person’s handicap or disability, if any.]
The People have the burden of proving each allegation beyond a
881
0099
reasonable doubt. If the People have not met this burden, you must find
that the allegation has not been proved.
New February 2014
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give an instruction defining this enhancement.
This instruction is based on the language of the statute effective November 7, 2012,
and applies only to crimes committed on or after that date.
AUTHORITY
• Elements and Definitions. Pen. Code, § 236.1(c)(2).
• Menace Defined [in context of false imprisonment]. People v. Matian (1995)
35 Cal.App.4th 480, 484–486 [41 Cal.Rptr.2d 459].
Secondary Sources
1 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against the
Person, § 278.
3185–3199. Reserved for Future Use
CALCRIM No. 3184 ENHANCEMENTS AND SENTENCING FACTORS
882
0100