CALCRIM No. 3183

Controlled Substance (Pen. Code, § 667.61(e)(6))

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 administered a controlled

substance to <insert name[s] of alleged victim[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.]

To prove this allegation, the People must prove that:

1. In the commission of <insert sex offense[s] from Pen.

Code, § 667.61(c)>, the defendant administered

<insert controlled substance from Health & Saf. Code,

§§ 11054–11058> to <insert name[s] of alleged

victim[s]>;

AND

2. The defendant did so for the purpose of committing

<insert felony alleged>.

A person administers a substance if he or she applies it directly to the

body of another person by injection, or by any other means, or causes

the other person to inhale, ingest, or otherwise consume the substance.

<If there is an issue in the case as to whether the defendant acted “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 2017