CALCRIM No. 3220

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

value of the property [(taken[,]/[or] damaged[,]/[or] destroyed)] was

more than $ <insert amount alleged>.

To prove this allegation, the People must prove that:

<Alternative A: took, damaged, or destroyed property>

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

defendant (took[,]/[or] damaged[,]/[or] destroyed) property;

AND

2. The [total] loss caused by the defendant’s (taking[,]/[or]

damaging[,]/[or] destroying) the property was greater than

$ <insert amount alleged>.]

[If you find the defendant guilty of more than one crime, you may add

together the loss suffered by each victim in Count[s] <specify all

counts that jury may use to compute cumulative total loss> to determine

whether the total losses to all the victims were more than $

<insert amount alleged> if the People prove that:

A. The defendant (took[,]/[or] damaged[,]/[or] destroyed) property

in each crime;

AND

B. The losses arose from a common scheme or plan.]

[When computing the amount of loss according to this instruction, do

not count any taking, damage, or destruction more than once simply

because it is mentioned in more than one count, if the taking, damage, or

destruction mentioned in those counts refers to the same taking, damage,

or destruction with respect to the same victim.]

<Alternative B: Penal Code section 496 violation(s)>

[The property value and/or loss amount was greater than $

<insert amount alleged>.]

[If you find the defendant guilty of more than one felony violation of

receiving stolen property, you may combine the stolen property value

and/or loss amount in Count[s] <specify all counts that jury may

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

and/or loss amount was more than $ <insert amount alleged> if

the People prove that the crimes arose from a common scheme or plan.]

[The value of property is the fair market value of the property.]

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 January 2006; Revised August 2009, April 2010, August 2016; Revoked March

2021; Restored and Revised October 2025