CALCRIM No. 3184

Cause Minor to Engage in Commercial Sex Act (Pen. Code,

§ 236.1(c)(2))

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

<insert count[s] charging violation[s] of Penal Code section

236.1(c)> you must then decide whether[, for each crime,] the People

have proved the additional allegation that when the defendant committed

(that/those) crime[s], (he/she) used (force[,]/ [or] fear[,]/ [or] deceit[,]/

[or] coercion[,]/ [or] violence[,]/ [or] duress[,]/ [or] menace) [on]) ([or]

threat of unlawful injury to) (the other person/ [or] to someone else).

[Duress means a direct or implied threat of force, violence, danger,

hardship, or retribution that is enough to cause a reasonable person to

do [or submit to] something that he or she would not otherwise do [or

submit to].

[Duress includes (a direct or implied threat to destroy, conceal, remove,

confiscate, or possess any actual or purported passport or immigration

document of the other person/ [or] knowingly destroying, concealing,

removing, confiscating, or possessing any actual or purported passport or

immigration document of the other person).]

[Menace means a verbal or physical threat of harm[, including use of a

deadly weapon]. The threat of harm may be express or implied.]

[Coercion includes any scheme, plan, or pattern intended to cause a

person to believe that failing to perform an act would result in (serious

harm to or physical restraint again someone else/ [or] the abuse or

threatened abuse of the legal process/ [or] debt bondage/ [or] providing

or facilitating the possession of any controlled substance to impair the

other person’s judgment).]

[Serious harm includes any harm, either physical or nonphysical,

including psychological, financial, or reputational harm, that is

sufficiently serious, under all the circumstances, to force a reasonable

person of the same background and in the same circumstances to

perform or to continue performing labor, services[, or commercial sex

acts] in order to avoid that harm.]

[When you decide whether the defendant acted with (duress/ [or]

coercion), consider all of the circumstances, including the age of the

other person, (his/her) relationship to the defendant [or defendant’s

agent[s]], and the other person’s handicap or disability, if any.]

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 February 2014