CALCRIM No. 3218

(Pen. Code, § 12022.10)

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

[,] [or of attempting to commit (that/those) crime[s]][or the lesser

crimes[s] of <insert lesser offense[s]>], you must then

decide whether the People have proved the additional allegation that the

defendant (sold[,]/[or] exchanged[,]/[or] returned) property for value

that had been obtained through [an] act[s] of (shoplifting[,]/[or] theft[,]/[

or] burglary) from a retail business and the value of that property was

more than $ <insert amount alleged>.

To prove this allegation, the People must prove that:

1. In the commission [or attempted commission] of the crime[s], the

defendant

1. <defendant acted alone>

1. [((sold[,]/[or] exchanged[,]/[or] returned) property/[or]

attempted to (sell[,]/[or] exchange[,]/[or] return) property) for

value;]

[OR]

1. <defendant acted in concert>

1. [acted together with another person who (sold[,]/[or]

exchanged[,]/[or] returned) property for value[or] [who

attempted to (sell[,]/[or] exchange[,]/[or] return property] for

value;]

2. This property had been obtained through [an] act[s] of

(shoplifting[,]/[or] theft[,]/[or] burglary) from a retail business;

3. At the time of the [attempted] (sale[,]/[or] exchange[,]/[or]

return) of the property for value, the defendant knew that the

property had been obtained though [an] act[s] of (shoplifting[,]/[

or] theft[,]/[or] burglary) from a retail business;

AND

4. The [combined] value of the property was greater than $

<insert amount alleged>.

[In deciding the value of the property, you may add together the value of

property in Count[s] <specify all counts that jury may use to

compute cumulative total loss> to determine whether the total value was

more than $ <insert amount alleged> if the People prove that the

crimes arose from a common scheme or plan.]

[When computing the property value according to this instruction, do

not count any property more than once simply because it is mentioned in

more than one count, if the property mentioned in those counts refers to

the same property with respect to the same victim.]

The People are not required to prove that the defendant committed the

underlying act[s] of (shoplifting[,]/[or] theft[,]/[or] burglary).

The People have the burden of proving this allegation beyond a

reasonable doubt. If the People have not met this burden, you must find

that the allegation has not been proved.

New October 2025