CALCRIM No. 225

The People must prove not only that the defendant did the act[s]

charged, but also that (he/she) acted with a particular (intent/ [and/or]

mental state). The instruction for (the/each) crime [and allegation]

explains the (intent/ [and/or] mental state) required.

A[n] (intent/ [and/or] mental state) may be proved by circumstantial

evidence.

Before you may rely on circumstantial evidence to conclude that a fact

necessary to find the defendant guilty has been proved, you must be

convinced that the People have proved each fact essential to that

conclusion beyond a reasonable doubt.

Also, before you may rely on circumstantial evidence to conclude that

the defendant had the required (intent/ [and/or] mental state), you must

be convinced that the only reasonable conclusion supported by the

circumstantial evidence is that the defendant had the required (intent/

[and/or] mental state). If you can draw two or more reasonable

conclusions from the circumstantial evidence, and one of those

reasonable conclusions supports a finding that the defendant did have

the required (intent/ [and/or] mental state) and another reasonable

conclusion supports a finding that the defendant did not, you must

conclude that the required (intent/ [and/or] mental state) was not proved

by the circumstantial evidence. However, when considering

circumstantial evidence, you must accept only reasonable conclusions

and reject any that are unreasonable.

New January 2006; Revised August 2006, June 2007, April 2011