Section 3150 | CALCRIM (Jury Instructions)

3148. Personally Used Firearm: Intentional Discharge (Pen. Code,
§ 12022.53(c))
If you find the defendant guilty of the crime[s] charged in Count[s]
[,] [or of attempting to commit (that/those) crime[s]][ or the
lesser crime[s] of
<insert name[s] of alleged lesser
offense[s]>], you must then decide whether[, for each crime,] the People
have proved the additional allegation that the defendant personally and
intentionally discharged a firearm during that offense. [You must decide
whether the People have proved this allegation for each crime and
return a separate finding for each crime.]
To prove this allegation, the People must prove that:
1. The defendant personally discharged a firearm during the
commission [or attempted commission] of the crime;
AND
2. The defendant intended to discharge the firearm.
[A firearm is any device designed to be used as a weapon, from which a
projectile is discharged or expelled through a barrel by the force of an
explosion or other form of combustion.]
[The term firearm is defined in another instruction.]
<If there is an issue in the case over whether the defendant discharged the
firearm “during the commission of” the offense, see Bench Notes.>
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 January 2006; Revised February 2012
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].) If the defendant is charged with an enhancement for both
intentional discharge and intentional discharge causing great bodily injury or death,
the court may give CALCRIM No. 3150, Personally Used Firearm: Intentional
Discharge and Discharge Causing Injury or Death Both Charged, instead of this
instruction.
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
861

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 allegation 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 eleme