CALCRIM No. 253

For you to find a person guilty of the crime[s] of <insert

name[s] of alleged offense[s]> [or to find the allegation[s] of

<insert name[s] of enhancement[s]> true], a person must do an act [or

fail to do an act] with (criminal/gross/ordinary) negligence.

[(Criminal/Gross/Ordinary) negligence is defined in the instructions on

that crime.]

[(Criminal/Gross) negligence involves more than ordinary carelessness,

inattention, or mistake in judgment. A person acts with (criminal/gross)

negligence when:

1. He or she acts in a reckless way that creates a high risk of death

or great bodily injury;

1. AND

2. A reasonable person would have known that acting in that way

would create such a risk.

In other words, a person acts with (criminal/gross) negligence when the

way he or she acts is so different from the way an ordinarily careful

person would act in the same situation that his or her act amounts to

disregard for human life or indifference to the consequences of that act.]

[Ordinary negligence is the failure to use reasonable care to prevent

reasonably foreseeable harm to oneself or someone else. A person is

negligent if he or she (does something that a reasonably careful person

would not do in the same situation/ [or] fails to do something that a

reasonably careful person would do in the same situation).]

New January 2006; Revised June 2007, March 2022