CALCRIM No. 3227

Occupied Position of Leadership or Dominance

<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 that the defendant induced others to participate in committing

the crime[s] or occupied a position of leadership or dominance of other

participants in the commission of the crime[s].]

<Introductory paragraph for bifurcated trial>

[The People have alleged[in Count[s]] that the defendant

induced others to participate in committing the crime[s] or occupied a

position of leadership or dominance of other participants in the

commission of the crime[s].]

To prove this allegation, the People must prove that:

1. The defendant induced others to participate in the commission of

the crime[s];

OR

2. The defendant occupied a position of leadership or dominance

over other participants during commission of the crime[s].

Induced means persuaded, convinced, influenced, or instructed.

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

People have proved that the defendant either induced others to

participate or occupied a position of leadership or dominance. However,

all of you do not need to agree on which act[s] or conduct constitutes

inducing others to participate or occupying a position of leadership or

dominance.

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.]

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.