CALCRIM No. 3230

Professionalism

<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 offense was carried out with planning,

sophistication, or professionalism.]

<Introductory paragraph for bifurcated trial>

[The People have alleged[in Count[s]] that the offense was

carried out with planning, sophistication, or professionalism.]

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

manner of committing the crime involved planning, sophistication, or

professionalism.

Whether the manner of committing the crime involves planning,

sophistication, or professionalism depends on the totality of the

circumstances surrounding the offense.

Planning refers to conduct before the crime, preparing for its

commission.

Sophistication refers to conduct demonstrating knowledge or awareness

of the complexities or details involved in committing the crime.

Professionalism refers to conduct demonstrating particular experience or

expertise.

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

People have proved that the defendant’s manner of committing the crime

involved planning, sophistication, or professionalism. However, all of you

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

manner of committing the crime involves planning, sophistication, or

professionalism.

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/these)

allegation[s] for each crime and return a separate finding for each

crime.]

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

* Denotes changes only to bench notes and other commentaries.