CALCRIM No. 1031

The defendant[s] [<insert name[s] if not all defendants in

trial charged with this count>] (is/are) charged [in Count] with

committing sodomy by acting in concert [with <insert

name[s] or description[s] of uncharged participant[s]>] [in violation of

Penal Code section 286(d)].

To prove that a defendant is guilty of this crime, the People must prove

that:

<Alternative A—defendant committed sodomy>

[1.] [The defendant personally committed sodomy 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 sodomy.]

To decide whether the defendant[s] [or <insert name[s] or

description[s] of uncharged participant[s]>] committed sodomy, 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

sodomy, 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 sodomy in concert.

<MAKE CERTAIN THAT ALL APPROPRIATE INSTRUCTIONS ON

SODOMY AND AIDING AND ABETTING ARE GIVEN.>

[To prove the crime of sodomy in concert, the People do not have to

prove a prearranged plan or scheme to commit sodomy.]

New January 2006; Revised October 2021, March 2022