Section 1145 | CALCRIM (Jury Instructions)

[If you find the defendant guilty of this crime [as charged in Count[s]
], you must then decide whether the People have proved the
additional allegation[s].] [You must decide whether the People have
proved (this/these) allegation[s] for each crime beyond a reasonable
doubt and return a separate finding for each crime.]
<Give the following paragraph if the defendant is charged with the felony
enhancement under Penal Code section 311.11(b)>
[To prove the prior conviction allegation, the People must prove that the
defendant has at least one prior conviction for violating or attempting to
violate Penal Code section 311.11(a) or for committing or attempting to
commit (
) <insert description of offense requiring registration
pursuant to Penal Code section 290>.]
<Give the following four paragraphs if the defendant is charged with the
felony enhancement under Penal Code section 311.11(c)(1)>
[To prove the multiple images allegation, the People must prove that:
The matter the defendant knowingly possessed or controlled contained
more than 600 images all of which the defendant knew showed a minor
engaged in or simulating sexual conduct;
AND
The matter contained at least ten or more images involving a
prepubescent minor or a minor under 12 years of age.
Each photograph, picture, computer or computer-generated image, or
any similar visual depiction counts as one image.
Each video, video-clip, movie, or similar visual depiction counts as 50
images.]
<Give the following three paragraphs if the defendant is charged under
Penal Code section 311.11(c)(2)>
[To prove the sexual sadism or sexual masochism allegation, the People
must prove that the matter showed sexual sadism or sexual masochism
involving a minor.
Sexual sadism means intentionally causing pain for purposes of sexual
gratification or stimulation.
Sexual masochism means intentionally experiencing pain for purposes of
sexual gratification or stimulation.]
New March 2019
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give an instruction defining the elements of the
crime. Give the sentencing factors if appropriate.
CALCRIM No. 1145
SEX OFFENSES
910

AUTHORITY
•
Elements. Pen. Code, § 311.11(a)–(c).
•
Sexual Conduct Defined. Pen. Code, § 311.4(d)(1); see People v. Spurlock (2003)
114 Cal.App.4th 1122, 1130–1131 [8 Cal.Rptr.3d 372].
•
Person Defined. Pen. Code, § 311(c).
•
Knowingly Defined. Pen. Code, § 311(e); see People v. Kuhns (1976) 61
Cal.App.3d 735, 756–758 [132 Cal.Rptr. 725].
•
Calculating Age. Fam. Code, § 6500; In re Harris (1993) 5 Cal.4th 813,
849–850 [21 Cal.Rptr.2d 373, 855 P.2d 391].
•
Personally Defined. People v. Gerber (2011) 196 Cal.App.4th 368, 386 [126
Cal.Rptr.3d 688].
•
Possession or Control of Computer Image. Tecklenburg v. Appellate Div. of
Superior Court (2009) 169 Cal.App.4th 1402, 1418–1419 [87 Cal.Rptr.3d 460].
•
Simultaneous Possession of Materials at Same Location is One Offense. People
v. Manfredi (2008) 169 Cal.App.4th 622, 624 [86 Cal.Rptr.3d 810].
SECONDARY S