Section 3180 | CALCRIM (Jury Instructions)

to take property owned by someone else, without the owner’s consent, to
deprive the owner of it permanently [or to remove it from the owner’s
possession for so extended a period of time that the owner would be
deprived of a major portion of the value or enjoyment of the property],
to move the property, even a small distance, and to keep it for any
period of time, however brief.]
<Alternative B—rape by force, fear, or threats>
[The defendant intended to commit rape if he intended to have sexual
intercourse with a woman [who was not his wife], without her consent,
by (using force, duress, menace, or fear of immediate and unlawful
bodily injury to her or to another person/threatening to retaliate against
her or against a third person with a reasonable possibility that the threat
would be carried out/threatening to have her or a third person
incarcerated, arrested, or deported).]
<Alternative C—other felony>
[To decide whether the defendant intended to commit
<insert other felony/felonies alleged>, please refer to the separate
instructions that I (will give/have given) you on (that/those) crime[s].]
[A person has reached a place of temporary safety if (he/she) has
successfully escaped from the scene of the crime and is no longer being
pursued.]
[The burglary was committed if the defendant entered with the intent to
commit (theft/ [or]
<insert one or more felonies>). The
defendant does not need to have actually committed that crime as long
as (he/she) entered with the intent to do so. [The People do not have to
prove that the defendant actually committed (theft/ [or]
<insert one or more felonies>).]]
[The People allege that the defendant intended to commit (theft/ [or]
<insert one or more felonies>). You may not find this
allegation true unless you all agree that (he/she) intended to commit one
of those crimes at the time of the entry. You do not need to all agree on
which one of those crimes (he/she) intended.]
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
CALCRIM No. 3180
ENHANCEMENTS AND SENTENCING FACTORS
906

SECONDARY SOURCES
3 Witkin & Epstein, California Criminal Law (4th ed. 2012) Punishment,
§§ 459–463.
5 Witkin & Epstein, California. Criminal Law (4th ed. 2012) Criminal Trial, § 727.
5 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 91,
Sentencing, § 91.102[2][a] (Matthew Bender).
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 143, Crimes
Against Property, § 143.10 (Matthew Bender).
Couzens & Bigelow, Sex Crimes: California Law and Procedure § 13:9 (The Rutter
Group).
CALCRIM No. 3180
ENHANCEMENTS AND SENTENCING FACTORS
908