CALCRIM No. 3178

Commit Sex Offense (Pen. Code, § 667.61(d)(4))

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 committed the crime during

the commission of burglary, with the intent to commit

<insert sex offense[s] from Pen. Code, § 667.61(c)>. [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 entered an inhabited (house [or a room within an

inhabited house]/vessel/floating home/trailer coach/part of a

building);

2. When the defendant entered the (house [or room within the

house]/vessel/floating home/trailer coach/part of a building), (he/

she) intended to commit <insert sex offense[s] from

Pen. Code, § 667.61(c)>;

AND

3. After the defendant entered the (house [or room within the

house]/vessel/floating home/trailer coach/part of a building), (he/

she) committed <insert sex offense[s] from Pen. Code,

§ 667.61(c)> [before (he/she) escaped to a place of temporary

safety].

A (house [or a room within an inhabited house]/vessel/floating

home/trailer coach/part of a building) is inhabited if someone uses it as a

dwelling, whether or not someone is inside at the time of the alleged

entry.

[A house includes any (structure/garage/office/ <insert

description>) that is attached to the house and functionally connected

with it.]

[The defendant intended to commit rape if he intended to have sexual

intercourse with a woman [who was not his wife], without her consent,

by (using force, duress, menace, or fear of immediate and unlawful

bodily injury to her or to another person/threatening to retaliate against

her or against a third person with a reasonable possibility that the threat

would be carried out/threatening to have her or a third person

incarcerated, arrested, or deported).]

[To decide whether the defendant intended to commit

<insert sex offense[s] other than rape from Pen. Code, § 667.61(c)>, please

refer to the separate instructions that I (will give/have given) you on

(that/those) crime[s].]

[A person has reached a place of temporary safety if he or she has

successfully escaped from the scene of the crime and is no longer being

pursued.]

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