CALCRIM No. 3177

§ 667.61(d)(3))

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, while committing that crime, the defendant

also committed torture. [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. During the commission of the crime, the defendant inflicted great

bodily injury on someone else;

AND

2. When inflicting the injury, the defendant intended to cause cruel

or extreme pain and suffering for the purpose of revenge,

extortion, or persuasion or for any sadistic purpose.

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

an injury that is greater than moderate harm.

[It is not required that a victim actually suffer pain.]

[Someone acts for the purpose of extortion if he or she intends to (1)

obtain a person’s property with the person’s consent and (2) obtain the

person’s consent through the use of force or fear.]

[Someone acts for the purpose of extortion if he or she (1) intends to get

a public official to do an official act and (2) uses force or fear to make

the official do the act. An official act is an act that an officer does in his

or her official capacity using the authority of his or her public office.]

[Someone acts with a sadistic purpose if he or she intends to inflict pain

on someone else in order to experience pleasure himself or herself.]

<If there is an issue in the case over whether the torture was inflicted

“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 September 2020, October 2025