CA · jury_instructions
CALCRIM No. 1001
Rape in Concert (Pen. Code, § 264.1)
The defendant[s] [<insert name[s] if not all defendants in
trial charged with this count>] (is/are) charged [in Count] with
committing rape by acting in concert [with <insert name[s]
or description[s] of uncharged participant[s]>] [in violation of Penal Code
section 264.1].
To prove that a defendant is guilty of this crime, the People must prove
that:
<Alternative A—defendant committed rape>
[1.] [The defendant personally committed forcible rape and
voluntarily acted with someone else who aided and abetted its
commission(;/.)]
[OR]
<Alternative B—defendant aided and abetted>
[(1/2).] [The defendant voluntarily aided and abetted someone else
who personally committed forcible rape.]
To decide whether the defendant[s] [or <insert name[s] or
description[s] of uncharged participant[s]>] committed rape, please refer
to the separate instructions that I (will give/have given) you on that
crime. To decide whether the defendant[s] [or <insert
name[s] or description[s] of uncharged participant[s]>] aided and abetted
rape, please refer to the separate instructions that I (will give/have given)
you on aiding and abetting. Y ou must apply those instructions when you
decide whether the People have proved rape in concert.
<Make certain that all appropriate instructions on rape and aiding and
abetting are given.>
[To prove the crime of rape in concert, the People do not have to prove a
prearranged plan or scheme to commit rape.]
New January 2006; Revised October 2021, March 2022
Provenance
- Source
- courts.ca.gov
- Retrieved
- 2026-08-20
- Edition
- calcrim-2022
- Content hash
fe913ab1481cc2b362151f55e8ea14a9e8bc9eb6570e3da7af60d661ee2a9e7b
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