CALCRIM No. 3185. Sex Offenses: Sentencing Factors - Using Force or Fear Against Minor Under 14 Years/14 Years or Older (Pen. Code, §§ 264.1(b), 286(c)(2)(B) & (C), 286(d)(2) & (3), 287(c)(2)(B) & (C), 287(d)(2) & (3), 289(a)(1)(B) & (C))
Judicial Council of California Criminal Jury Instructions (2024 edition)
Download PDF
3185.Sex Offenses: Sentencing Factors - Using Force or Fear
Against Minor Under 14 Years/14 Years or Older (Pen. Code,
§§ 264.1(b), 286(c)(2)(B) & (C), 286(d)(2) & (3), 287(c)(2)(B) & (C),
287(d)(2) & (3), 289(a)(1)(B) & (C))
If you find the defendant guilty of the crime[s] charged in Count[s]
[,] [or of attempting to commit (that/those) crime[s]], you must
then decide whether[, for each crime,] the People have proved the
additional allegation that when the defendant committed (that/those)
crime[s], the defendant used
<Violations of Pen. Code §§ 286(c)(2)(B) & (C), 287(c)(2)(B) & (C),
289(a)(1)(B) & (C)>
[(force[,]/[or] violence[,]/[or] duress[,]/[or] menace[,]/[or] fear of
immediate and unlawful bodily injury [to another person]) on]
<Violations of Pen. Code § 264.1(b)>
[(force/[or] violence) and against the will of]
<Violations of Pen. Code §§ 286(d)(2) & (3) and 287(d)(2) & (3)>
[(force/[or] fear of immediate and unlawful bodily injury [to another
person]) on]
a minor who was (under the age of 14 years/14 years of age or older).
[A minor is a person under the age of 18.]
[Under the law, a person becomes one year older as soon as the first
minute of his or her birthday has begun.]
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 October 2021
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give an instruction on the sentencing factor. (See
Apprendi v. New Jersey (2000) 530 U.S. 466, 490 [120 S.Ct. 2348, 147 L.Ed.2d
435].)
AUTHORITY
• Elements and Definitions. Pen. Code, §§ 264.1(b), 286(c)-(d), 287(c)-(d),
289(a)(1).
917
• Calculating Age. Fam. Code, § 6500; People v. Cornett (2012) 53 Cal.4th 1261,
1264, 1275 [139 Cal.Rptr.3d 837, 274 P.3d 456] [“10 years of age or younger”
means “under 11 years of age”]; In re Harris (1993) 5 Cal.4th 813, 849-850 [21
Cal.Rptr.2d 373, 855 P.2d 391].
3186-3199. Reserved for Future Use
CALCRIM No. 3185 ENHANCEMENTS AND SENTENCING FACTORS
918
© Judicial Council of California.
