CALCRIM No. 417

A member of a conspiracy is criminally responsible for the crimes that

he or she conspires to commit, no matter which member of the

conspiracy commits the crime.

A member of a conspiracy is also criminally responsible for any act of

any member of the conspiracy if that act is done to further the

conspiracy and that act is a natural and probable consequence of the

common plan or design of the conspiracy. This rule applies even if the

act was not intended as part of the original plan. [Under this rule, a

defendant who is a member of the conspiracy does not need to be

present at the time of the act.] [A member of a conspiracy cannot be

held criminally responsible for (murder/[or] attempted murder) solely

because the (murder/[or] attempted murder) was the natural and

probable consequence of the conspiracy.]

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.

A member of a conspiracy is not criminally responsible for the act of

another member if that act does not further the common plan or is not a

natural and probable consequence of the common plan.

To prove that the defendant is guilty of the crime[s] charged in Count[s]

, the People must prove that:

1. The defendant conspired to commit one of the following crimes:

<insert target crime[s]>;

2. A member of the conspiracy committed <insert

nontarget offense[s]> to further the conspiracy;

AND

3. <insert nontarget offense[s]> (was/were) [a] natural

and probable consequence[s] of the common plan or design of the

crime that the defendant conspired to commit.

[The defendant is not responsible for the acts of another person who was

not a member of the conspiracy even if the acts of the other person

helped accomplish the goal of the conspiracy.]

[A conspiracy member is not responsible for the acts of other conspiracy

members that are done after the goal of the conspiracy had been

accomplished.]

New January 2006; Revised October 2021, September 2023, February 2026