CALCRIM No. 3226

<Introductory paragraph for nonbifurcated trial>

[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

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

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

allegation[s] that <insert name of victim> was a particularly

vulnerable victim.]

<Introductory paragraph for bifurcated trial>

[The People have alleged[in Count[s]] that <insert

name of victim> was a particularly vulnerable victim.]

To prove this allegation, the People must prove that:

1. <insert name of victim> (suffered/ [or]was

threatened with suffering) a loss, injury, or harm as the result of

the crime[s];

AND

2. <insert name of victim> was particularly vulnerable.

Particularly vulnerable includes being defenseless, unguarded,

unprotected, or otherwise susceptible to the defendant’s criminal act to a

special or unusual degree.

In determining whether <insert name of victim> was

particularly vulnerable, you should consider all of the circumstances

surrounding the commission of the crime, including the characteristics of

<insert name of victim> and the manner and setting in

which the crime was committed.

[Y ou may not find vulnerability based solely on <insert

element of the offense>, which is an element of <insert

offense>.]

Y ou may not find the allegation true unless all of you agree that the

People have proved that the victim was particularly vulnerable.

However, you do not have to agree on which facts show that the victim

was particularly vulnerable.

Y ou may not find the allegation true unless all of you agree that the

People have proved that the defendant’s conduct was distinctively worse

than an ordinary commission of the underlying crime.

Y ou must decide whether the People have proved this allegation for each

crime and return a separate finding for each crime[and for each victim].

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 March 2023; Revised March 2024,* February 2025,* February 2026*

* Denotes changes only to bench notes and other commentaries.