Section 3454 | CALCRIM (Jury Instructions)

future against the victim or any other person.
[
<Insert name[s] of crime[s] enumerated in Welf. & Inst.
Code, § 6600(b)> (is/are) also [a] sexually violent offense[s] when the
offense[s] (is/are) committed on a child under 14 years old.]
As used here, a conviction for committing a sexually violent offense is
one of the following:
<Give the appropriate bracketed description[s] below.>
<A. Conviction With Fixed Sentence>
[A prior [or current] conviction for one of the offenses I have just
described to you that resulted in a prison sentence for a fixed period
of time.]
<B. Conviction With Indeterminate Sentence>
[A conviction for an offense that I have just described to you that
resulted in an indeterminate sentence.]
<C. Conviction in Another Jurisdiction>
[A prior conviction in another jurisdiction for an offense that includes
all of the same elements of one of the offenses that I have just
described to you.]
<D. Conviction Under Previous Statute>
[A conviction for an offense under a previous statute that includes all
of the elements of one of the offenses that I have just described to
you.]
<E. Conviction With Probation>
[A prior conviction for one of the offenses that I have just described
to you for which the respondent received probation.]
<F. Acquittal Based on Insanity Defense>
[A prior finding of not guilty by reason of insanity for one of the
offenses that I have just described to you.]
<G. Conviction as Mentally Disordered Sex Offender>
[A conviction resulting in a finding that the respondent was a
mentally disordered sex offender.]
<H. Conviction Resulting in Commitment to Department of Youth
Authority Pursuant to Welfare and Institutions Code section 1731.5>
[A prior conviction for one of the offenses that I have just described
to you for which the respondent was committed to the Department of
DEFENSES AND INSANITY
CALCRIM No. 3454
1035

Youth Authority pursuant to Welfare and Institutions Code section
1731.5.]
You may not conclude that
<insert name of respondent> is a
sexually violent predator based solely on (his/her) alleged prior
conviction[s] without additional evidence that (he/she) currently has such
a diagnosed mental disorder.
In order to prove that
<insert name of respondent> is a
danger to the health and safety of others, the People do not need to
prove a recent overt act committed while (he/she) was in custody. A
recent overt act is a criminal act that shows a likelihood that the actor
may engage in sexually violent predatory criminal behavior.
New January 2006; Revised August 2006, June 2007, August 2009, April 2011,
February 2012, March 2019
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to instruct the jury about the basis for a finding
that a respondent is a sexually violent predator.
Do not use this instruction for extension or status proceedings. Use instead
CALCRIM No. 3454A, Hearing to Determine Current Status Under Sexually
Violent Predator Act.
If evidence is presented about amenability to voluntary tr