CALCRIM No. 3454

Inst. Code, §§ 6600, 6600.1)

The petition alleges that <insert name of respondent> is a

sexually violent predator.

To prove this allegation, the People must prove beyond a reasonable

doubt that:

1. (He/She) has been convicted of committing a sexually violent

offense;

2. (He/She) has a diagnosed mental disorder;

[AND]

3. As a result of that diagnosed mental disorder, (he/she) is a danger

to the health and safety of others because it is likely that (he/she)

will engage in sexually violent predatory criminal behavior(;/.)

<Give element 4 when evidence has been introduced at trial on the issue

of amenability to voluntary treatment in the community.>

[AND

4. It is necessary to keep (him/her) in custody in a secure facility to

ensure the health and safety of others.]

The term diagnosed mental disorder includes conditions either existing at

birth or acquired after birth that affect a person’s ability to control

emotions and behavior and predispose that person to commit criminal

sexual acts to an extent that makes him or her a menace to the health

and safety of others.

A person is likely to engage in sexually violent predatory criminal behavior

if there is a substantial danger, that is, a serious and well-founded risk

that the person will engage in such conduct if released into the

community.

The likelihood that the person will engage in such conduct does not have

to be greater than 50 percent.

Sexually violent criminal behavior is predatory if it is directed toward a

stranger, a person of casual acquaintance with whom no substantial

relationship exists, or a person with whom a relationship has been

established or promoted for the primary purpose of victimization.

<Insert name[s] of crime[s] enumerated in Welf. & Inst. Code,

§ 6600(b)> (is/are) [a] sexually violent offense[s] when committed by

force, violence, duress, menace, or fear of immediate and unlawful bodily

injury to the victim or another person or threatening to retaliate in the

future against the victim or any other person.

[<Insert name[s] of crime[s] enumerated in Welf. & Inst.

Code, § 6600(b)> (is/are) also [a] sexually violent offense[s] when the

offense[s] (is/are) committed on a child under 14 years old.]

As used here, a conviction for committing a sexually violent offense is

one of the following:

<Give the appropriate bracketed description[s] below.>

<A. Conviction With Fixed Sentence>

[A prior [or current] conviction for one of the offenses I have just

described to you that resulted in a prison sentence for a fixed period

of time.]

<B. Conviction With Indeterminate Sentence>

[A conviction for an offense that I have just described to you that

resulted in an indeterminate sentence.]

<C. Conviction in Another Jurisdiction>

[A prior conviction in another jurisdiction for an offense that includes

all of the same elements of one of the offenses that I have just

described to you.]

<D. Conviction Under Previous Statute>

[A conviction for an offense under a previous statute that includes all

of the elements of one of the offenses that I have just described to

you.]

<E. Conviction With Probation>

[A prior conviction for one of the offenses that I have just described

to you for which the respondent received probation.]

<F. Acquittal Based on Insanity Defense>

[A prior finding of not guilty by reason of insanity for one of the

offenses that I have just described to you.]

<G. Conviction as Mentally Disordered Sex Offender>

[A conviction resulting in a finding that the respondent was a

mentally disordered sex offender.]

<H. Conviction Resulting in Commitment to Department of Youth