Section 3160 | CALCRIM (Jury Instructions)

<insert name of injured person> was sufficient in combination with
the force used by the others to cause
<insert name of
injured person> to suffer great bodily injury.]
The defendant must have applied substantial force to
<insert name of injured person>. If that force could not have caused or
contributed to the great bodily injury, then it was not substantial.]
[A person is an accomplice if he or she is subject to prosecution for the
identical crime charged against the defendant. Someone is subject to
prosecution if he or she personally 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 inflicted the
injury “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 June 2007, February 2015, September 2020, March
2022, March 2024*
* Denotes changes only to bench notes and other commentaries.
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction on the enhancement when
charged. (Apprendi v. New Jersey (2000) 530 U.S. 466, 490 [120 S.Ct. 2348, 147
L.Ed.2d 435].)
Give the bracketed sentence that begins with “Committing the crime of” if the
defendant is charged with a sexual offense. (People v. Escobar (1992) 3 Cal.4th 740,
746 [12 Cal.Rptr.2d 586, 837 P.2d 1100] [injury must be more than that which is
present in every offense of rape].)
The bracketed section beneath the heading “Group Assault” is designed to be used
in cases where the evidence shows a group assault.
If the court gives the bracketed sentence instructing that the People must prove that
the person assaulted “was not an accomplice to the crime,” the court should also
give the bracketed definition of “accomplice.” (People v. Verlinde (2002) 100
Cal.App.4th 1146, 1167–1168 [123 Cal.Rptr.2d 322].) Additional paragraphs
CALCRIM No. 3160
ENHANCEMENTS AND SENTENCING FACTORS
874

•
This Instruction Is Correct In Defining Group Beating. People v. Dunkerson
(2007) 155 Cal.App.4th 1413, 1418 [66 Cal.Rptr.3d 795].
•
“Accomplice” Defined. See Pen. Code, § 1111; People v. Verlinde, supra, 100
Cal.App.4th at pp. 1167–1168; People v. Stankewitz (1990) 51 Cal.3d 72, 90–91
[270 Cal.Rptr. 817, 793 P.2d 23].
•
“During Commission of” Felony. People v. Jones, supra, 25 Cal.4th at pp.
109–110; People v. Masbruch, supra, 13 Cal.4th at p. 1014; People v. Taylor,
supra, 32 Cal.App.4th at p. 582.
•
This Instruction Correctly Omits Requirement of Intent to Inflict GBI. People v.
Poroj (2010) 190 Cal.App.4th 165, 176 [117 Cal.Rptr.3d 884].
RELATED ISSUES
Specific Intent Not Required
Pena