McClinton

*785 *747 A jury found defendant Lamar McClinton to be a sexually violent predator (SVP), as defined within the Sexually Violent *748 Predator Act (SVPA). ( Welf. & Inst. Code, § 6600, subd. (a)(1).) 1 The trial court then committed McClinton to the custody of the State Department of State Hospitals (SDSH) for an indeterminate term.

On appeal, McClinton challenges several rulings made by the trial court (before, during, and after the trial). McClinton also makes four instructional error claims, he argues there was insufficient evidence, and he asserts that the SVPA is fundamentally unconstitutional. We disagree and affirm the judgment.

I

PROCEDURAL BACKGROUND

On May 11, 2009, the Orange County District Attorney (the People) filed an SVPA petition. The People alleged that McClinton was convicted: 1) in 1983, of burglary and assault with intent to commit rape; 2) in 1985, of rape by force; and 3) in 1991, of rape by force, oral copulation by force, burglary, and attempted burglary. The People further alleged that McClinton was currently being confined in prison and that two mental health professionals had determined that McClinton "has a current diagnosed mental disorder such…