Section 1351 | CALCRIM (Jury Instructions)

alleged acts, the bias described here must have been a substantial
motivating factor. A substantial factor is more than a trivial or remote
factor. However, it does not need to be the only factor that motivated the
conduct.
[The term disability is explained in Instruction 1353, to which you should
refer.]
[Gender, as used here, means sex and includes a person’s gender identity
and gender-related appearance and behavior whether or not
stereotypically associated with the person’s assigned sex at birth.]
[Nationality, as used here, means country of origin, immigration status,
including citizenship, and national origin.]
[Race or ethnicity includes ancestry, color, and ethnic background.]
[Religion, as used here, includes all aspects of religious belief,
observance, and practice and includes agnosticism and atheism.]
[Sexual orientation means heterosexuality, homosexuality, or bisexuality.]
[Association with a person or group having (this/one or more of these)
actual or perceived characteristic[s] includes (advocacy for[,]/ [or]
identification with[,]/ [or] being on the ground owned or rented by[, or
adjacent to,]) a (person[,]/ [or] group[,]/ [or] family[,]/ [or] community
center[,]/ [or] educational facility[,]/ [or] office[,]/ [or] meeting hall[,]/
[or] place of worship[,]/ [or] private institution[,]/ [or] public agency[,]/
[or] library[,]/ [or] other entity) that has, or is identified with people who
have, (that/one or more of those) characteristic[s].]
New January 2006; Revised March 2017, March 2022
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of the
crime.
If the prosecution is based on the defendant’s speech alone, do not give this
instruction. (Pen. Code, § 422.6(c); In re M.S. (1995) 10 Cal.4th 698, 711–716 [42
Cal.Rptr.2d 355, 896 P.2d 1365].) Give CALCRIM No. 1351, Hate Crime:
Misdemeanor Geistference With Civil Rights by Threat.
In element 1, insert a description of the specific right or rights allegedly infringed,
for example, the right to be free from violence or the threat of violence or the right
to be protected from bodily harm. (See Civil Code, §§ 43, 51.7; People v. Lashley
(1991) 1 Cal.App.4th 938, 950–951 [2 Cal.Rptr.2d 629]; People v. MacKenzie
(1995) 34 Cal.App.4th 1256, 1277–1278 [40 Cal.Rptr.2d 793].)
Give all relevant bracketed definitions. If the term “disability” is used, give
CALCRIM No. 1350
CRIMINAL THREATS AND HATE CRIMES
1036

If you find that the defendant had more than one reason to commit the
alleged acts, the bias described here must have been a substantial
motivating factor. A substantial factor is more than a trivial or remote
factor. However, it does not need to be the only factor that motivated the
conduct.
[The term disability is explained in Instruction 1353, to which you should
refer.]
[Gender, as used here, means sex and includes a person’s gender identity
and gender-related appearance and behavior whether or not
stereotypically associated with t