CALCRIM No. 3222

667.10(a))

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[, for each crime,] the People have proved the additional

allegation that the defendant committed that crime against a person who

was (65 years of age or older/under the age of 14

years/blind/deaf/developmentally disabled/paraplegic/ [or] quadriplegic).

[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. At the time of the crime, <insert name of alleged

victim> was (65 years of age or older/under the age of 14 years/

blind/deaf/developmentally disabled/paraplegic/ [or] quadriplegic);

AND

2. At that time, the defendant knew or reasonably should have

known that <insert name of alleged victim> was (65

years of age or older/under the age of 14

years/blind/deaf/developmentally disabled/paraplegic/ [or]

quadriplegic).

[Under the law, a person becomes one year older as soon as the first

minute of his or her birthday has begun.]

[Developmentally disabled means a severe, chronic disability of a person

that:

1. Is attributable to a mental or physical impairment or a

combination of mental and physical impairments;

2. Is likely to continue indefinitely;

AND

3. Results in substantial functional limitation in three or more of the

following abilities:

a. To care for one’s self;

b. To understand and express language;

c. To learn;

d. To be independently mobile;

e. To engage in self-direction;

f. To live independently;

OR

g. To be economically self-sufficient.]

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 April 2011