CALCRIM No. 3145

§§ 667.61(e)(3), 1192.7(c)(23), 12022(b)(1) & (2), 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 personally used

a deadly [or dangerous] weapon during 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 [or dangerous] weapon is any object, instrument, or weapon

that is [inherently deadly] [or] [dangerous] [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.

Someone personally uses a deadly [or dangerous] weapon if he or she

intentionally [does any of the following]:

[1. Displays the weapon in a menacing manner(./;)]

[OR]

[(2/1). Hits someone with the weapon(./;)]

[OR]

[(3/2). Fires the weapon(./;)]

[OR

(4/3). <insert description of use>.]

<If there is an issue in the case over whether the defendant used 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 June 2007, February 2013, September 2017, September

2019, September 2020, March 2022, October 2025