Section 375 | CALCRIM (Jury Instructions)

<E. Accident>
[The defendant’s alleged actions were not the result of mistake or
accident](./; or)
<F. Common Plan>
[The defendant had a plan [or scheme] to commit the offense[s]
alleged in this case](./; or)
<G. Consent>
[The defendant reasonably and in good faith believed that
<insert name or description of complaining witness>
consented](./; or)
<H. Other Purpose>
[The defendant
<insert description of other permissible
purpose; see Evid. Code, § 1101(b)>.]
[In evaluating this evidence, consider the similarity or lack of similarity
between the uncharged (offense[s]/ [and] act[s]) and the charged
offense[s].]
Do not consider this evidence for any other purpose [except for the
limited purpose of
<insert other permitted purpose, e.g.,
determining the defendant’s credibility>].
[Do not conclude from this evidence that the defendant has a bad
character or is disposed to commit crime.]
If you conclude that the defendant committed the (uncharged offense[s]/
act[s]), that conclusion is only one factor to consider along with all the
other evidence. It is not sufficient by itself to prove that the defendant is
guilty of
<insert charge[s]> [or that the
<insert allegation[s]> has been proved]. The People must still prove (the/
each) (charge/ [and] allegation) beyond a reasonable doubt.
New January 2006; Revised April 2008, February 2016, August 2016, March 2023
BENCH NOTES
Instructional Duty
The court must give this instruction on request when evidence of other offenses has
been introduced. (Evid. Code, § 1101(b); People v. Carpenter (1997) 15 Cal.4th 312,
382 [63 Cal.Rptr.2d 1, 935 P.2d 708], abrogated on other grounds in People v. Diaz
(2015) 60 Cal.4th 1176 [185 Cal.Rptr.3d 431, 345 P.3d 62]; People v. Collie (1981)
30 Cal.3d 43, 63–64 [177 Cal.Rptr. 458, 634 P.2d 534].) The court is only required
to give this instruction sua sponte in the “occasional extraordinary case in which
unprotested evidence of past offenses is a dominant part of the evidence against the
EVIDENCE
CALCRIM No. 375
149

example, when the evidence of similar offenses is admitted to prove common plan,
intent, or identity, this bracketed sentence would be appropriate.
Give the bracketed sentence beginning with “Do not conclude from this evidence
that” on request if the evidence is admitted only under Evidence Code section
1101(b). Do not give this sentence if the court is also instructing under Evidence
Code section 1108 or 1109.
The paragraph that begins with “If you conclude that the defendant committed” has
been included to prevent jury confusion regarding the standard of proof. (See People
v. Reliford (2003) 29 Cal.4th 1007, 1012–1013 [130 Cal.Rptr.2d 254, 62 P.3d 601]
[instruction on section 1108 evidence sufficient where it advised jury that prior
offense alone not sufficient to convict; prosecution still required to prove all
elements beyond a reasonable doubt].)
AUTHORITY
•
Evidence Admissible for Limited Purposes. Evid. Code, § 1101(b); People v.
Ewoldt, supra, 7 Cal.4th at p