CALCRIM No. 3229

Witnesses

<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[in Count[s]] (threatened

witnesses[,]/ [or]unlawfully prevented or dissuaded witnesses from

testifying[,]/ [or]suborned perjury[,]/ [or] <insert other

illegal activity that interfered with the judicial process>).]

<Introductory paragraph for bifurcated trial>

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

(threatened witnesses[,]/ [or]unlawfully prevented or dissuaded witnesses

from testifying[,]/ [or]suborned perjury[,]/ [or] <insert

other illegal activity that interfered with the judicial process>).]

To prove this allegation, the People must prove that the defendant

(threatened [a]witness[es]/ [or]prevented [a]witness[es] from testifying/

[or]dissuaded [a]witness[es] from testifying/ [or]suborned perjury/[or

] <insert other illegal activity that interfered with the judicial

process>).

[As used here, witness means someone[or a person the defendant

reasonably believed to be someone]:

<Give the appropriate bracketed paragraph[s].>

• [Who knows about the existence or nonexistence of facts relating

to a crime(;/.)]

[OR]

• [Whose declaration under oath has been or may be received as

evidence(;/.)]

[OR]

• [Who has reported a crime to a (peace officer[,]/ [or]

prosecutor[,]/ [or] probation or parole officer[,]/ [or] correctional

officer[,]/ [or] judicial officer)(;/.)]

[OR

• Who has been served with a subpoena issued under the authority

of any state or federal court.]]

[A threat may be oral or written and may be implied by a pattern of

conduct or a combination of statements and conduct.]

[The defendant does not have to communicate the threat directly to the

intended victim, but may do so through someone else.]

[Someone who intends that a statement be understood as a threat does

not have to actually intend to carry out the threatened act [or intend to

have someone else do so].]

[Dissuaded means persuaded or advised not to do something.]

[Suborned perjury means encouraged, induced, or assisted witnesses to

willfully make [a]false statement[s] under oath. In order to find that the

defendant suborned perjury, the People must prove, beyond a reasonable

doubt, not only that the sworn statement was actually false, but also that

the defendant, at the time (he/she) encouraged, induced, or assisted the

witness(es) to make the statement, knew that it was false.]

[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 (threatened [a]witness[es]/ [or

]prevented [a]witness[es] from testifying/ [or]dissuaded [a]witness[es]

from testifying/ [or]suborned perjury/ [or] <insert other

illegal activity that interfered with the judicial process>). However, all of

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

(threatening [a]witness[es]/ [or]preventing [a]witness[es] from

testifying/ [or]dissuading [a]witness[es] from testifying/ [or]suborning

perjury/ [or] <insert other illegal activity that interfered with

the judicial process>).

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.