CA · jury_instructions
CALCRIM No. 3182
Sex Offenses: Sentencing Factors—Tying or Binding (Pen.
Code, § 667.61(e)(5))
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 tied or bound
<insert name[s] of alleged victim[s] or other person[s]> during the
commission of (that/those) crime[s]. [Y ou must decide whether the People
have proved this allegation for each crime and return a separate finding
for each crime.]
<If there is an issue in the case as to whether the tying or binding occurred
“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
Provenance
- Source
- courts.ca.gov
- Retrieved
- 2026-08-20
- Edition
- calcrim-2019
- Content hash
b762bec4862793babfee98bd3fecf636aa0ab148fe5596764a4d1ad131a1aca1
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