CALCRIM No. 3130

§ 12022.3)

If you find the defendant guilty of the crime[s] charged in Count[s]

[,] [or of attempting to commit (that/those) crime[s]] [or the

lesser crime[s] of <insert name[s] of alleged lesser

offense[s]>], you must then decide whether[, for each crime,] the People

have proved the additional allegation that the defendant was personally

armed with a deadly weapon in the commission [or attempted

commission] of that crime. [Y ou must decide whether the People have

proved this allegation for each crime and return a separate finding for

each crime.]

A deadly weapon is any object, instrument, or weapon [that is inherently

deadly or one] that is used in such a way that it is capable of causing

and likely to cause death or great bodily injury.

[An object is inherently deadly if it is deadly or dangerous in the

ordinary use for which it was designed.]

[In deciding whether an object is a deadly weapon, consider all the

surrounding circumstances, including when and where the object was

possessed[,] [and] [where the person who possessed the object was

going][,] [and] [whether the object was changed from its standard form]

[and any other evidence that indicates whether the object would be used

for a dangerous, rather than a harmless, purpose.]]

Great bodily injury means significant or substantial physical injury. It is

an injury that is greater than moderate harm.

A person is armed with a deadly weapon when that person:

1. Carries a deadly weapon [or has a deadly weapon available] for

use in either offense or defense in connection with the crime[s]

charged;

AND

2. Knows that he or she is carrying the deadly weapon [or has it

available].

<If there is an issue in the case over whether the defendant was armed with

the weapon “in the commission of” the offense, see Bench Notes.>

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; Revised December 2008, February 2013, September 2019,

September 2020, March 2022, October 2025