CALCRIM No. 523

If you find the defendant guilty of first degree murder [as charged in

Count], you must then decide whether the People have proved

the additional allegation that the murder was a hate crime.

To prove this allegation the People must prove that the defendant

committed the murder, in whole or in part, because of the deceased

person’s actual or perceived (disability[,]/[or] gender[,]/[or] nationality[,]/

[or] race or ethnicity[,]/[or] religion[,]/[or] sexual orientation[,]/ [or]

association with a person or group with (this/one or more of these)

actual or perceived characteristic[s]).

The defendant acted, in whole or in part, because of the actual or

perceived characteristic[s] of the deceased person if:

1. The defendant was biased against the other person based on the

other person’s actual or perceived (disability[,]/ [or] gender[,]/

[or] nationality[,]/ [or] race or ethnicity[,]/ [or] religion[,]/ [or]

sexual orientation[,]/ [or] association with a person or group

having (this/one or more of these) actual or perceived

characteristic[s]);

AND

2. The bias motivation caused the defendant to commit the alleged

murder.

If you find that the defendant had more than one reason to commit the

alleged murder, the bias described here must have been a substantial

motivating factor. A substantial factor is more than a trivial or remote

factor. However, it does not need to be the only factor that motivated the

conduct.

[The term disability is explained in Instruction 1353, to which you should

refer.]

[Gender, as used here, means sex and includes a person’s gender identity

and gender related appearance and behavior whether or not

stereotypically associated with the person’s assigned sex at birth.]

[Nationality, as used here, means country of origin, immigration status,

including citizenship, and national origin.]

[Race or ethnicity includes ancestry, color, and ethnic background.]

[Religion, as used here, includes all aspects of religious belief,

observance, and practice and includes agnosticism and atheism.]

[Sexual orientation means heterosexuality, homosexuality, or bisexuality.]

[Association with a person or group with (this/one or more of these) actual

or perceived characteristic[s] includes (advocacy for[,]/ identification

with[,]/ [or] being on the ground owned or rented by[, or adjacent to,]) a

(person[,]/ group[,]/ family[,]/ community center[,]/ educational facility[,]/

office[,]/ meeting hall[,]/ place of worship[,]/ private institution[,]/ public

agency[,]/ library[,]/ [or] other entity) that has, or is identified with

people who have, (that/one or more of those) characteristic[s].]

The People have the burden of proving this allegation beyond a

reasonable doubt. If the People have not met this burden, you must find

this allegation has not been proved.

New January 2006; Revised March 2017, March 2022