CALCRIM No. 3428

State (Pen. Code, § 28)

Y ou have heard evidence that the defendant may have suffered from a

mental (disease[,]/ [or] defect[,]/ [or] disorder). Y ou may consider this

evidence only for the limited purpose of deciding whether, at the time of

the charged crime, the defendant acted [or failed to act] with the intent

or mental state required for that crime.

The People have the burden of proving beyond a reasonable doubt that

the defendant acted [or failed to act] with the required intent or mental

state, specifically: <insert specific intent or mental state

required, e.g., “malice aforethought,” “the intent to permanently deprive the

owner of his or her property,” or “knowledge that . . .”> . If the People

have not met this burden, you must find the defendant not guilty of

<insert name of alleged offense>.

<Repeat this paragraph for each offense requiring specific intent or a

specific mental state.>

[Do not consider evidence of mental (disease[,]/ [or] defect[,]/ [or]

disorder) when deciding if <insert name of nontarget

offense> was a natural and probable consequence of <insert

name of target offense>.]

New January 2006; Revised March 2017