CALCRIM No. 3228

<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 the defendant induced a minor to commit or assist in

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

<Introductory paragraph for bifurcated trial>

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

induced a minor to commit or assist in the commission of the crime[s].]

To prove this allegation, the People must prove that:

1. The defendant induced a minor to commit the crime[s];

OR

2. The defendant induced a minor to assist in the commission of the

crime[s].

Induced means persuaded, convinced, influenced, or instructed.

A minor is a person under the age of 18 years.

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

minute of his or her birthday has begun.]

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

People have proved that the defendant induced a minor either to commit

the crime or to assist in the commission of the crime. However, all of you

do not need to agree on which act[s] or conduct constitutes the

inducement.

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.