Section 1355 | CALCRIM (Jury Instructions)

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 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[,]/
identification with[,]/ [or] being on the ground owned or rented by[, or
adjacent to,]) a (person[,]/ group[,]/ family[,]/ community center[,]/
educational facility[,]/ office[,]/ meeting hall[,]/ place of worship[,]/
private institution[,]/ public agency[,]/ library[,]/ [or] other entity) that
has, or is identified with people who have, (that/one or more of those)
characteristic[s].]
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 this allegation has not been proved.
New January 2006; Revised February 2012, March 2017, March 2022
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give an instruction defining the elements of the
enhancement. (People v. Wallace (2003) 109 Cal.App.4th 1699, 1702 [1 Cal.Rptr.3d
324] [statute defines enhancement, not separate offense].) This enhancement makes a
crime “committed against the person or property of another” that would otherwise
be a misdemeanor into a misdemeanor-felony “wobbler.” (Pen. Code, § 422.7.)
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
CALCRIM No. 1355
CRIMINAL THREATS AND HATE CRIMES
1052

Cal.App.4th 1699, 1702 [1 Cal.Rptr.3d 324].
•
Intent to Deprive Individual of Protected Rights. In re M.S. (1995) 10 Cal.4th
698, 713 [42 Cal.Rptr.2d 355, 896 P.2d 1365]; People v. Lashley (1991) 1
Cal.App.4th 938, 947–949 [2 Cal.Rptr.2d 629]; People v. MacKenzie (1995) 34
Cal.App.4th 1256, 1268 [40 Cal.Rptr.2d 793]; In re Joshua H. (1993) 13
Cal.App.4th 1734, 1742 [17 Cal.Rptr.2d 291].
LESSER INCLUDED OFFENSES
•
The underlying misdemeanor, and the attempt of the underlying misdemeanor
(see Pen. Code, § 664), are le