CALCRIM No. 3233

<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 took advantage of a position of trust or

confidence to commit the crime.]

<Introductory paragraph for bifurcated trial>

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

advantage of a position of trust or confidence to commit the crime.]

To prove this allegation, the People must prove that:

1. (Prior to/During) the commission of the crime, the defendant

(had/developed) a relationship with <insert name of

victim or other person>;

2. This relationship allowed the defendant to occupy a position of

trust or caused <insert name of victim or other

person> to have confidence in the defendant;

AND

3. The defendant took advantage of this position of trust or

confidence to commit the crime.

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

People have proved that the defendant took advantage of a position of

trust or confidence with the victim to commit the crime. However, all of

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

taking advantage of a position of trust or confidence to commit the

crime.

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.