Section 3148 | CALCRIM (Jury Instructions)

or remote factor. However, it does not need to be the only factor that
causes the (injury/ [or] death).]
[A person is an accomplice if he or she is subject to prosecution for the
identical (charged against/intended by) the defendant[ of which the
intentional discharge of a firearm was a natural and probable
consequence]. A person is subject to prosecution if he or she committed
the crime or if:
1. He or she knew of the criminal purpose of the person who
committed the crime;
AND
2. He or she intended to, and did in fact, (aid, facilitate, promote,
encourage, or instigate the commission of the crime/ [or]
participate in a criminal conspiracy to commit the crime).]
<If there is an issue in the case over whether the defendant used the firearm
“during the commission of” the offense, see Bench Notes.>
The People have the burden of proving each of these allegations beyond
a reasonable doubt. If the People have not met this burden, you must
find that the allegation has not been proved.
New January 2006; Revised February 2012, September 2020, September 2022
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of the
enhancement. (Apprendi v. New Jersey (2000) 530 U.S. 466, 490 [120 S.Ct. 2348,
147 L.Ed.2d 435].) This instruction may be used when the defendant is charged
with an enhancement both for intentional discharge and for intentional discharge
causing great bodily injury or death. If only one of these enhancements is charged,
do not use this instruction. Instead, give CALCRIM No. 3148, Personally Used
Firearm: Intentional Discharge, or CALCRIM No. 3149, Personally Used Firearm:
Intentional Discharge Causing Injury or Death, whichever is appropriate.
If causation is at issue, the court has a sua sponte duty to instruct on proximate
cause (People v. Jomo K. Bland (2002) 28 Cal.4th 313, 335 [121 Cal.Rptr.2d 546,
48 P.3d 1107]); give the bracketed paragraph that begins with “An act causes . . . .”
If there is evidence of multiple potential causes, the court should also give the
bracketed paragraph that begins with “There may be more than one cause . . . .”
(Id. at pp. 335–338.)
The court should give the bracketed definition of “firearm” unless the court has
already given the definition in other instructions. In such cases, the court may give
the bracketed sentence stating that the term is defined elsewhere.
If the case involves an issue of whether the defendant used the weapon “during the
ENHANCEMENTS AND SENTENCING FACTORS
CALCRIM No. 3150
869