CALCRIM No. 402

Non-Target Offenses Charged)

The defendant is charged in Count[s] with

<insert target offense> and in Counts[s] with

<insert nontarget offense>.

Y ou must first decide whether the defendant is guilty of

<insert target offense>. If you find the defendant is guilty of this crime,

you must then decide whether (he/she) is guilty of <insert

nontarget offense>.

Under certain circumstances, a person who is guilty of one crime may

also be guilty of other crimes that were committed at the same time.

To prove that the defendant is guilty of <insert nontarget

offense>, the People must prove that:

1. The defendant is guilty of <insert target offense>;

2. During the commission of <insert target offense> a

coparticipant in that <insert target offense>

committed the crime of <insert nontarget offense>;

AND

3. Under all of the circumstances, a reasonable person in the

defendant’s position would have known that the commission of

<insert nontarget offense> was a natural and

probable consequence of the commission of the

<insert target offense>.

A coparticipant in a crime is the perpetrator or anyone who aided and

abetted the perpetrator. It does not include a victim or innocent

bystander.

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.

[Do not consider evidence of defendant’s intoxication in deciding whether

<insert nontarget offense> was a natural and probable

consequence of <insert target offense>.]

To decide whether the crime of <insert nontarget offense>

was committed, please refer to the separate instructions that I (will give/

have given) you on that crime.

[The People allege that the defendant originally intended to aid and abet

the commission of either <insert target offense> or

<insert other target offense>. The defendant is guilty of

<insert nontarget offense> if the People have proved that the

defendant aided and abetted either <insert target offense>

or <insert other target offense> and that

<insert nontarget offense> was the natural and probable consequence of

either <insert target offense> or <insert other

target offense>. However, you do not need to agree on which of these two

crimes the defendant aided and abetted.]

New January 2006; Revised June 2007, April 2010, February 2013, August 2014,

February 2015, September 2019, September 2023