CALCRIM No. 3149

Injury or Death (Pen. Code, §§ 667.61(e)(3), 12022.53(d))

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 and

intentionally discharged a firearm during that crime causing (great

bodily injury/ [or] death). [Y ou must decide whether the People have

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

each crime.]

To prove this allegation, the People must prove that:

1. The defendant personally discharged a firearm during the

commission [or attempted commission] of that crime;

2. The defendant intended to discharge the firearm;

AND

3. The defendant’s act caused (great bodily injury to/ [or] the death

of) a person [who was not an accomplice to the crime].

[A firearm is any device designed to be used as a weapon, from which a

projectile is discharged or expelled through a barrel by the force of an

explosion or other form of combustion.]

[The term firearm is defined in another instruction.]

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

an injury that is greater than moderate harm.]

[An act causes (great bodily injury/ [or] death) if the (injury/ [or] death)

is the direct, natural and probable consequence of the act and the (injury/

[or] death) would not have happened without the act. A natural and

probable consequence is one that a reasonable person would know is

likely to happen if nothing unusual intervenes. In deciding whether a

consequence is natural and probable, consider all the circumstances

established by the evidence.]

[There may be more than one cause of (great bodily injury/ [or] death).

An act causes (injury/ [or] death) only if it is a substantial factor in

causing the (injury/ [or] death). A substantial factor is more than a trivial

or remote factor. However, it does not need to be the only factor that

causes the (injury/ [or] death).]

[A person is an accomplice if he or she is subject to prosecution for the

identical crime (charged against/intended by) the defendant [of which the

intentional discharge of a firearm was a natural and probable

consequence]. A person is subject to prosecution if he or she committed

the crime or if:

1. He or she knew of the criminal purpose of the person who

committed the crime;

AND

2. He or she intended to, and did in fact, (aid, facilitate, promote,

encourage, or instigate the commission of the crime/ [or]

participate in a criminal conspiracy to commit the crime).]

<If there is an issue in the case over whether the defendant used the firearm

“during 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 February 2012, September 2020, September 2022,

October 2025