MURDER: FIRST AND SECOND DEGREE
To prove that the defendant is guilty of this crime, the People must prove that: The defendant committed an act that caused the death of another person.
[AND]
When the defendant acted, )he/she) had a state of mind called malice afterthought.
[AND]
(He/She) killed without lawful (excuse/[or] justification).]There are two kinds of malice aforethought: express malice and implied malice.
Proof of either is sufficient to establish the state of mind required for murder.
The defendant acted with express malice if (he/she) unlawfully intended to kill. The defendant acted with implied malice if: (He/She) intentionally committed an act; The natural and probable consequences of the act were dangerous to human life; At the time *he/she) acted, (he/she) knew (his/her) act was dangerous to human life;
[AND]
(He/She) deliberately acted with conscious disregard for (human/ [or] fetal) life.
ATTEMPTED MURDER
To prove that the defendant is guilty of attempted murder, the People must prove that: The defendant took at least one direct but ineffective step toward killing (another person/ [or] a fetus);
[AND]
The defendant intended to kill that (person/ [or] fetus).
VOLUNTARY MANSLAUGHTER
A killing that would otherwise be murder is reduced to voluntary manslaughter if the defendant killed someone because of a sudden quarrel or in the heat of passion.
The defendant killed someone because of a sudden quarrel or in a heat of passion if: The defendant was provoked; As a result of the provocation, the defendant acted rashly and under the influence of intense emotion that obs cured (his/her) reasoning or judgment;
[AND]
The provocation would have caused a person of average disposition to act rashly and without due deliberation, that is, from passion rather than from judgment.
INVOLUNTARY MANSLAUGHTER
When a person commits an unlawful killing but does not intend to kill and does not act with conscious disregard for human life, then the crime is involuntary manslaughter.
The difference between other homicide offenses and involuntary manslaughter depends on whether the person was aware of the risk to life that his or her actions created and consciously disregarded that risk.
An unlawful killing caused by a willful act done with full knowledge and awareness that the person is endangering the life of another, and done in conscious disregard of that risk, is voluntary manslaughter or murder.
An unlawful killing resulting from a willful act committed without intent to kill and without conscious disregard of the risk to human life is involuntary manslaughter.
The defendant committed involuntary manslaughter if: The defendant (committed a crime that posed a high risk of death or great bodily injury because of the way in which it was committed/ [or] committed a lawful act, but acted with criminal negligence);
[AND]
The defendant’s acts unlawfully caused the death of another person.
AGGRAVATED MAYHEM
The defendant is charged [in Count ] with aggravated mayhem. To prove that the defendant is guilty of this crime, the People must prove that: The defendant unlawfully and maliciously (disabled or disfigured someone permanently/ [or] deprived someone else of a limb, organ, or part of (his/her) body); When the defendant acted, (he/she) intended to (permanently disable or disfigure the other person/ [or] deprive the other person of a limb, organ, or part of (his/ her) body);
[AND]
Under the circumstances, the defendant’s act showed extreme indifference to the physical or psychological well being of the other person.
Someone acts maliciously when he or she intentionally does a wrongful act or when he or she acts with the unlawful intent to annoy or injure someone else.[A disfiguring injury may be permanent even if it can be repaired by medical procedures.][The People do not have to prove that the defendant intended to
kill.]
TORTURE
The defendant is charged [in Count ] with torture. To prove that the defendant is guilty of this crime, the People must prove that: The defendant inflicted great bodily injury on someone else;
[AND]
When inflicting the injury, the defendant intended to cause cruel or extreme pain and suffering for the purpose of revenge, extortion, persuasion, or for any sadistic purpose.
Great bodily injury means significant or substantial physical injury. It is an injury that is greater than minor or moderate harm. [It is not required that a victim actually suffer pain.]
CHILD ABUSE LIKELY TO PRODUCE GREAT BODILY HARM OR DEATH
The defendant is charged [in Count ] with child abuse likely to produce (great bodily harm/ [or] death). To prove that the defendant is guilty of this crime, the People must prove that:
The defendant willfully inflicted unjustifiable physical pain or mental suffering on a child; The defendant willfully caused or permitted a child to suffer unjustifiable physical pain or mental suffering; The defendant, while having care or custody of a child, willfully caused or permitted the child’s person or health to be injured; The defendant, while having care or custody of a child,
willfully caused or permitted the child to be placed in a situation where the child’s person or health might have been endangered;
[AND]
The defendant (inflicted pain or suffering on the child/[or] caused or permitted the child to (suffer/ [or] be injured/ [or] be endangered)) under circumstances or conditions likely to produce (great bodily harm/ [or] death)(;/.)
[AND]
The defendant was criminally negligent when (he/she) caused or permitted the child to (suffer/ [or] be injured/ [or] be endangered)(;/.)]
[AND]
The defendant did not act while reasonably disciplining a child.]
INFLICTING INJURY ON SPOUSE, COHABITANT, OR FELLOW PARENT RESULTING IN TRAUMATIC CONDITION
To prove that the defendant is guilty of this crime, the People
must prove that:
The defendant willfully [and unlawfully] inflicted a physical injury on [his/her] ([former] spouse/[former] cohabitant/the (mother/father) of (his/her) child);
[AND]
The injury inflicted by the defendant resulted in a traumatic condition.
[AND]
The defendant did not act (in self-defense/ [or] in defense of someone else).]A traumatic condition is a wound or other bodily injury, whether minor or serious, caused by the direct application of physical force.
RAPE BY FORCE, FEAR, OR THREATS
To prove that the defendant is guilty of this crime, the People must prove that: The defendant had sexual intercourse with a woman; He and the woman were (not married to each other at the time of the intercourse; The woman did not consent to the intercourse; and The defendant accomplished the intercourse by [force, violence, duress, menace, or fear of immediate and unlawful bodily injury to the woman or to someone else.]
Or
[threatening to retaliate in the future against the woman or someone else when there was a reasonable possibility that the defendant would carry out the threat. A [i]threat to retaliate [/i] is a threat to kidnap, falsely imprison, or inflict extreme pain, serious bodily injury, or death.]
[threatening to use the authority of a public office to incarcerate, arrest, or deport someone. A public official is a person employed by federal, state, or local government who has authority to incarcerate, arrest, or deport. The woman mush have reasonably believed that the defendant was a public official even if he was not.]
UNLAWFUL SEXUAL INTERCOURSE: DEFENDANT 21 OR OLDER
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant had sexual intercourse with another person; The defendant and the other person were not married to each other at the time of the intercourse; The defendant was at least 21 years old at the time of the intercourse;
[AND]
The other person was under the age of 16 years at the time of the intercourse. Sexual intercourse means any penetration, no matter how slight, of the vagina or genitalia by the penis. [Ejaculation is not required.]
[It is not a defense that the other person may have consented to the intercourse.]
[Under the law, a person becomes one year older as soon as the first minute of his or her birthday has begun.]
SEXUAL PENETRATION WITH PERSON UNDER 14
To prove that the defendant is guilty of this crime, the People must prove that:
The defendant participated in an act of sexual penetration with another person; The penetration was accomplished by using (a/an) (foreign object[,]/ [or] substance[,]/ [or] device[,]/ [or] unknown object);
[AND]
At the time of the act, the other person was under the age of 14 years and was at least 10 years younger than the defendant.
Sexual penetration means (penetration, however slight, of the genital or anal openings of another person/ [or] causing another person to penetrate, however slightly, the defendant’s or someone else’s genital or anal opening/ [or] causing the other person to penetrate, no matter how slightly, his or her own genital or anal opening) for the purpose of sexual abuse, arousal, or gratification.[a foreign object, substance, instrument, or device includes any part of the body except a sexual organ.] [An unknown object includes any foreign object, substance, instrument, or device, or any part of the body, including a penis, if it is not known what object penetrated the opening.]
LEWD OR LASCIVIOUS ACT: CHILD UNDER 14 YEARS
The defendant is charged [in Count ] with committing a lewd or lascivious act on a child under the age of 14 years. To prove that the defendant is guilty of this crime, the People must prove that: The defendant willfully touched any part of a child’s body either on the bare skin or through the clothing;]
[OR]
The defendant willfully caused a child to touch (his/her) own body, the defendant’s body, or the body of someone else, either on the bare skin or through the clothing;]
The defendant committed the act with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of (himself/herself) or the child;
[AND]
The child was under the age of 14 years at the time of the act.
The touching need not be done in a lewd or sexual manner. Someone commits an act willfully when he or she does it willingly or on purpose. It is not required that he or she intend to break the law, hurt someone else, or gain any advantage.
KIDNAPPING
To prove that the defendant is guilty of this crime, the People must prove that: The defendant took, held, or detained another person by using force or by instilling reasonable fear; Using that force or fear, the defendant moved the other person [or made the other person move] a substantial distance;
[AND]
The other person did not consent to the movement(;/.)
[AND]
[The defendant did not actually and reasonably believe that the other person consented to the movement.]
KIDNAPPING: FOR ROBBERY, RAPE, OR OTHER SEX OFFENSES
To prove that the defendant is guilty of this crime, the People must prove that: The defendant intended to commit (robbery/ [or] rape/[or] spousal rape/ [or] oral copulation/ [or] sodomy/ [or] sexual penetration); Acting with that intent, the defendant took, held, or detained another person by using force or by instilling a reasonable fear; Using that force or fear, the defendant moved the other person [or made the other person move] a substantial distance; The other person was moved or made to move a distance beyond that merely incidental to the commission of a (robbery/ [or] rape/ [or] spousal rape/ [or] oral copulation/[or] sodomy/ [or] sexual penetration);
[AND]
The other person did not consent to the movement(;/.)
[AND]
The defendant did not actually and reasonably believe that the other person consented to the movement.]
CAR JACKING
To prove that the defendant is guilty of this crime, the People
must prove that: The defendant took a motor vehicle that was not (his/her)
own; The vehicle was taken from the immediate presence of a
person who possessed the vehicle or was its passenger; The vehicle was taken against that person’s will; The defendant used force or fear to take the vehicle or to prevent that person from resisting;
[AND]
When the defendant used force or fear to take the vehicle, (he/she) intended to deprive the other person of possession of the vehicle either temporarily or permanently.
ROBBERY
To prove that the defendant is guilty of this crime, the People must prove that: The defendant took property that was not (his/her) own; The property was taken from another person’s possession and immediate presence; The property was taken against that person’s will; The defendant used force or fear to take the property or to prevent the person from resisting;
[AND]
When the defendant used force or fear to take the property, (he/she) intended (to deprive the owner of it permanently/ [or] to remove it from the owner’s possession for so extended a period of time that the owner would be deprived of a major portion of the value or enjoyment of the property).
The defendant’s intent to take the property must have been formed before or during the time (he/she) used force or fear. If the defendant did not form this required intent until after using the force or fear, then (he/she) did not commit robbery.
ASSAULT WITH DEADLY WEAPON OR FORCE LIKELY TO PRODUCE GREAT BODILY INJURY
To prove that the defendant is guilty of this crime, the People must prove that: The defendant did an act with (a deadly weapon/a firearm/a semiautomatic firearm/a machine gun/an assault weapon/a .50 BMG rifle) that by its nature would directly and probably result in the application of force to a
person; The defendant did an act that by its nature would
directly and probably result in the application of force to
a person, and the force used was likely to produce great bodily injury;] The defendant did that act willfully; When the defendant acted, (he/she) was aware of facts that would lead a reasonable person to realize that (his/her) act by its nature would directly and probably result in the application of force to someone;
[AND]
When the defendant acted, (he/she) had the present ability to apply force (likely to produce great bodily injury/with a deadly weapon/with a firearm/with a semiautomatic firearm/with a machine gun/with an assault weapon/with a
.50 BMG rifle) to a person(;/.)
[AND]
The defendant did not act (in self-defense/ [or] in defense
of someone else).]
BURGLARY
To prove that the defendant is guilty of this crime, the People must prove that: The defendant entered (a/an) (building/room within a building/locked vehicle/ );
[AND]
When (he/she) entered (a/an) (building/room within the building/locked vehicle/ ), (he/she) intended to commit (theft/ [or]).[Under the law of burglary, a person enters a building if some part of his or her body [or some object under his or her control] penetrates the area inside the building’s outer boundary.]
RECEIVING STOLEN PROPERTY
To prove that the defendant is guilty of this crime, the People must prove that: The defendant (bought/received/sold/aided in selling/concealed or withheld from its owner/aided in concealing or withholding from its owner) property that had been (stolen/obtained by extortion);
[AND]
When the defendant (bought/received/sold/aided in selling/concealed or withheld/aided in concealing or withholding) the property, (he/she) knew that the property had been (stolen/obtained by extortion)(;/.)
[AND]
The defendant actually knew of the presence of the
property.]
[Property is stolen if it was obtained by any type of theft, or by
burglary or robbery. [Theft includes obtaining property by
larceny, embezzlement, false pretense, or trick.]]
[Property is obtained by extortion if: (1) the property was
obtained from another person with that person’s consent, and (2)
that person’s consent was obtained through the use of force or
fear.]
[To receive property means to take possession and control of it.
Mere presence near or access to the property is not enough.]
[Two or more people can possess the property at the same time.].[Property is stolen if it was obtained by any type of theft, or by
burglary or robbery. [Theft includes obtaining property by
larceny, embezzlement, false pretense, or trick.]]
[Property is obtained by extortion if: (1) the property was
obtained from another person with that person’s consent, and (2)
that person’s consent was obtained through the use of force or
fear.]
[To receive property means to take possession and control of it.
Mere presence near or access to the property is not enough.]
[Two or more people can possess the property at the same time.]
[A person does not have to actually hold or touch something to
possess it. It is enough if the person has [control over it] [or]
[the right to control it], either personally or through another
person.]
OWNING OR OPERATING A CHOP SHOP
To prove that the defendant is guilty of this crime, the People
must prove that: he defendant knew that (he/she) (owned/ [or] operated) a
chop shop;
[AND]
The defendant intentionally (owned/ [or] operated) the
chop shop. A chop shop is a building, lot, or other place where: A person alters, destroys, takes apart, reassembles, or stores a motor vehicle or motor vehicle part;That person knows that the vehicle or part has been
obtained by theft, fraud, or conspiracy to defraud;
[AND]
That person knows that the vehicle or part was obtained
in order to either:
a. Sell or dispose of the vehicle or part;
OR
b. Alter, counterfeit, deface, destroy, disguise, falsify, forge, obliterate, or remove the identity, including an identification number, of the vehicle or part, in order to misrepresent its identity or prevent its identification.
THEFT BY LARCENY
To prove that the defendant is guilty of this crime, the People
must prove that: The defendant took possession of property owned by
someone else; The defendant took the property without the owner’s [or
owner’s agent’s] consent; When the defendant took the property (he/she) intended (to deprive the owner of it permanently/ [or] to remove it from the owner’s [or owner’s agent’s] possession for so extended a period of time that the owner would be deprived of a major portion of the value or enjoyment of
the property);
[AND]
The defendant moved the property, even a small distance, and kept it for any period of time, however brief. [An agent is someone to whom the owner has given complete or partial authority and control over the owner’s property.]
[For petty theft, the property taken can be of any value, no matter how slight.]
UNLAWFUL TAKING OR DRIVING OF VEHICLE
To prove that the defendant is guilty of this crime, the People must prove that: The defendant took or drove someone else’s vehicle without the owner’s consent;
[AND]
When the defendant did so, (he/she) intended to deprive the owner of possession or ownership of the vehicle for any period of time[A taking requires that the vehicle be moved for any distance, no matter how small.]
EXTORTION BY THREAT OR FORCE
To prove that the defendant is guilty of this crime, the People must prove that: The defendant (threatened to unlawfully injure/ [or] used force against) (another person or a third person/ [or] the property of another person or a third person);] [The defendant threatened to accuse another person[, or
that person’s relative or family member,] of a crime;]
[The defendant threatened to expose a secret about another person[, or that person’s relative or family member,] [or to expose or connect (him/her/any of them) with a (disgrace[,]/ [or] crime[,]/ [or] deformity)];]
When (making the threat/ [or] using force), the defendant intended to use that (fear/ [or] force) to obtain the other person’s consent (to give the defendant money [or property]/ [or] to do an official act);
As a result of the (threat/ [or] use of force), the other person consented (to give the defendant money [or property]/ [or] to do an official act);
[AND]
As a result of the (threat/ [or] use of force), the other person then (gave the defendant money [or property]/ [or] did an official act).
The term consent has a special meaning here. Consent for extortion can be coerced or unwilling, as long as it is given as a result of the wrongful use of force or fear.
PETTY THEFT WITH PRIOR CONVICTION
To prove this allegation, the People must prove that:1. The defendant was previously convicted of a theft offense;
[AND]
The defendant served a term in a penal institution for that
conviction.
CRIMINAL THREAT
To prove that the defendant is guilty of this crime, the People
must prove that: The defendant willfully threatened to unlawfully kill or
unlawfully cause great bodily injury to; The defendant made the threat to (orally/in writing/by electronic communication device); The defendant intended that (his/her) statement be understood as a threat [and intended that it be communicated to ]; The threat was so clear, immediate, unconditional, and specific that it communicated to a serious intention and the immediate
prospect that the threat would be carried out; The threat actually caused to be in sustained fear for (his/her) own safety [or for the safety of (his/her) immediate family];
[AND]
Fear was reasonable under the circumstances.In deciding whether a threat was sufficiently clear, immediate, unconditional, and specific, consider the words themselves, as well as the surrounding circumstances.
STALKING
To prove that the defendant is guilty of this crime, the People
must prove that: The defendant willfully and maliciously harassed or
willfully, maliciously, and repeatedly followed another
person;
[AND]
The defendant made a credible threat with the intent to
place the other person in reasonable fear for (his/her)
safety [or for the safety of (his/her) immediate family](;/.)
[AND]
[A/An (temporary restraining order/injunction/
) prohibiting the defendant from engaging in this conduct against the threatened person was in effect at the time of the conduct(;/.)]
[AND]
The defendant’s conduct was not constitutionally
protected.
A credible threat is one that causes the target of the threat to reasonably fear for his or her safety [or for the safety of his or her immediate family] and one that the maker of the threat appears to be able to carry out.
A credible threat may be made orally, in writing, or electronically or may be implied by a pattern of conduct or a combination of statements and conduct.
Harassing means engaging in a knowing and willful course of conduct directed at a specific person that seriously annoys, alarms, torments, or terrorizes the person and that serves no legitimate purpose. A course of conduct means two or more acts occurring over a period of time, however short, demonstrating a
continuous purpose.
POSSESSION OF A CONTROLLED SUBSTANCE
To prove that the defendant is guilty of this crime, the People must prove that: The defendant [unlawfully] possessed a controlled substance; The defendant knew of its presence; The defendant knew of the substance’s nature or character as a controlled substance; The controlled substance was ;
[AND]
The controlled substance was in a usable amount.
A usable amount is a quantity that is enough to be used by someone as a controlled substance. Useless traces [or debris] are not usable amounts. On the other hand, a usable amount does not have to be enough, in either amount or strength, to affect the user.
________________________________________
POSSESSION OF CONTROLLED SUBSTANCE WHILE ARMED WITH FIREARM
To prove that the defendant is guilty of this crime, the People must prove that: The defendant [unlawfully] possessed a controlled substance; The defendant knew of its presence; The defendant knew of the substance’s nature or character as a controlled substance; The controlled substance was; The controlled substance was in a usable amount; While possessing that controlled substance, the defendant had a loaded, operable firearm available for immediate offensive or defensive use;
[AND]
The defendant knew that (he/she) had the firearm
available for immediate offensive or defensive use.
MANUFACTURE OF ANY CONTROLLED SUBSTANCE
To prove that the defendant is guilty of this crime, the People must prove that: The defendant (manufactured/compounded/converted/produced/derived/processed/prepared) a controlled substance, specifically , using chemical extraction or independent chemical synthesis;
[AND]
The defendant knew of the substance’s nature or character as a controlled substance.
SALE, FURNISHING, ETC., OF MARIJUANA
To prove that the defendant is guilty of this crime, the People must prove that: The defendant (sold/furnished/administered/imported into California) a controlled substance; The defendant knew of its presence; The defendant knew of the substance’s nature or character as a controlled substance;
[AND]
The controlled substance was marijuana(;/.)
[AND]
The controlled substance was in a usable amount. [Selling for the purpose of this instruction means exchanging the marijuana for money, services, or anything of value.]
POSSESSION FOR SALE OF MARIJUANA
To prove that the defendant is guilty of this crime, the People must prove that: The defendant possessed a controlled substance; The defendant knew of its presence; The defendant knew of the substance’s nature or character as a controlled substance; When the defendant possessed the controlled substance, (he/she) intended to sell it; The controlled substance was marijuana;
[AND]
The controlled substance was in a usable amount.
Cultivating Marijuana
To prove that the defendant is guilty of this crime, the People must prove that: The defendant [unlawfully] (planted[,] [or]/ cultivated[,] [or]/ harvested[,] [or]/ dried[,] [or]/ processed) one or more marijuana plants;
[AND]
The defendant knew that the substance (he/she) (planted[,] [or]/ cultivated[,] [or]/ harvested[,] [or]/ dried[,] [or]/ processed) was marijuana.
[Marijuana means all or part of the Cannabis sativa L. plant, whether growing or not, including the seeds and resin extracted from any part of the plant. [It also includes every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin.] [It does not include the mature stalks of the plant; fiber produced from the stalks; oil or cake made from the seeds of the plant; any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake; or the sterilized seed of the plant, which is incapable of germination.]
[Possession or cultivation of marijuana is not unlawful if authorized by the Compassionate Use Act. The Compassionate Use Act allows a person to possess or cultivate marijuana for personal medical purposes[, or as the primary caregiver of a patient with a medical need,] when a physician has recommended [or approved] such use. The amount of marijuana possessed or
cultivated must be reasonably related to the patient’s current medical needs. The People have the burden of proving beyond a reasonable doubt that the defendant was not authorized to possess or cultivate marijuana for medical purposes. If the People have not met this burden, you must find the defendant not guilty of this charge. [A primary caregiver is someone who has consistently assumed responsibility for the housing, health, or safety of a patient who may legally possess or cultivate marijuana.]
VEHICULAR MANSLAUGHTER: COLLISION FOR FINANCIAL GAIN
To prove that the defendant is guilty of this crime, the People
must prove that: While driving a vehicle, the defendant knowingly caused
or participated in a vehicular collision; When the defendant acted, (he/she) knew that the purpose of the vehicular collision was to make a false or
fraudulent insurance claim for financial gain; When the defendant acted, (he/she) did so with intent to defraud;
[AND]
The collision caused the death of another person. A person intends to defraud if he or she intends to deceive another person in order to cause a loss of, or damage to, a legal, financial, or property right. [A person includes (a governmental agency/a corporation/a business/an association/the body politic).]
[An act causes death if the death is the direct, natural, and probable consequence of the act and the death would not have happened without the act. A natural and probable consequence is one that a reasonable person would know is likely to happen if nothing unusual intervenes. In deciding whether a consequence is natural and probable, consider all of the circumstances established by the evidence.]
[There may be more than one cause of death. An act causes death only if it is a substantial factor in causing the death. A substantial factor is more than a trivial or remote factor. However, it does not need to be the only factor that causes the death.]