CALCRIM No. 3175

(Pen. Code, § 667.61(d)(2))

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

<insert counts charging sex offense[s] from Pen. Code, § 667.61(c)>,

you must then decide whether[, for each crime,] the People have proved

the additional allegation that the defendant kidnapped

<insert name of alleged victim>, increasing the risk of harm to (him/her).

[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 took, held, or detained <insert name

of alleged victim> by the use of force or by instilling reasonable

fear;

2. Using that force or fear, the defendant moved

<insert name of alleged victim> [or made (him/her) move] a

substantial distance;

3. The movement of <insert name of alleged victim>

substantially increased the risk of harm to (him/her) beyond that

necessarily present in the <insert sex offense[s] from

Pen. Code, § 667.61(c)>;

[AND]

4. <insert name of alleged victim> did not consent to

the movement(./;)

[AND

5. The defendant did not actually and reasonably believe that

<insert name of alleged victim> consented to the

movement.]

Substantial distance means more than a slight or trivial distance. The

movement must be more than merely incidental to the commission of

<insert sex offense[s] from Pen. Code, § 667.61(c)>. In

deciding whether the distance was substantial and whether the

movement substantially increased the risk of harm, you must consider all

the circumstances relating to the movement.

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