853B.Evidence of Charged Abuse of Elder or Dependent Person
The People presented evidence that the defendant committed the
crime[s] of <insert description of offense[s]> charged in
Count[s] <insert count[s] of elder or dependent person abuse
charged in this case>.
If the People have proved beyond a reasonable doubt that the defendant
committed one or more of these crimes, you may, but are not required to,
conclude from that evidence that the defendant was disposed or inclined to
commit abuse of (elders/ [or] dependent persons), and based on that
decision, also conclude that the defendant was likely to commit [and did
commit] the other (elder/ [or] dependent person) abuse offense[s] charged in
If you ﬁnd that the defendant committed one or more of these crimes, that
conclusion is only one factor to consider along with all the other evidence.
It is not sufficient by itself to prove that the defendant is guilty of another
crime. The People must still prove (the/each) (charge/ [and] allegation)
beyond a reasonable doubt.
New March 2017
The court must give this instruction on request if the People rely on charged
offenses as evidence of predisposition to commit similar crimes charged in the
same case. (Evid. Code § 355.)
CALCRIM No. 1191A, Evidence of Uncharged Sex Offense.
CALCRIM No. 1191B, Evidence of Charged Sex Offense.
CALCRIM No. 852A, Evidence of Domestic Violence.
CALCRIM No. 852B, Evidence of Domestic Violence.
CALCRIM No. 853A, Evidence of Elder or Dependent Person Abuse.
• Charged Offenses Proved Beyond a Reasonable Doubt May Be Evidence of
Propensity.People v. Cruz (2016) 206 Cal.Rptr.3d 835, 2 Cal.App.5th 1178,
1186–1186]; People v. Villatoro (2012) 54 Cal.4th 1152, 1161 [144 Cal.Rptr.3d
401, 281 P.3d 390].
1 Witkin, California Evidence (5th ed. 2012) Circumstantial Evidence, §§ 101, 102.