CALCRIM No. 403

Offense Charged)

[Before you may decide whether the defendant is guilty of

<insert nontarget offense>, you must decide whether (he/she) is guilty of

<insert target offense>.]

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

the <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 crime of <insert nontarget offense> was

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

given) you on (that/those) crime[s].

[The People are alleging that the defendant originally intended to aid

and abet <insert target offenses>.

If you decide that the defendant aided and abetted one of these crimes

and that <insert nontarget offense> was a natural and

probable consequence of that crime, the defendant is guilty of

<insert nontarget offense>. Y ou do not need to agree about

which of these crimes the defendant aided and abetted.]

New January 2006; Revised June 2007, April 2010, February 2015, September

2019, September 2023