CALCRIM No. 507

The defendant is not guilty of (murder/ [or] manslaughter/attempted

murder/ [or] attempted voluntary manslaughter) if (he/she)

(killed/attempted to kill) someone while (acting as a peace officer/obeying

a peace officer’s command for aid and assistance). (A/An) [attempted]

killing is justified, and therefore not unlawful, if:

1. The defendant was (a peace officer/obeying a peace officer’s

command for aid and assistance);

AND

2. The [attempted] killing was committed while the defendant

either:

A. Reasonably believed, based on the totality of the

circumstances, that the force was necessary to defend against

an imminent threat of death or serious bodily injury to the

defendant or another person;

OR

B. Reasonably believed, based on the totality of the

circumstances, that:

B1. <insert name of fleeing felon> was fleeing;

B2. The force was necessary to arrest or detain

<insert name of fleeing felon> for the crime of

<insert name of felony>;

B3. The commission of the crime of <insert name

of felony> created a risk of or resulted in death or serious

bodily injury to another person;

AND

B4. <insert name of fleeing felon> would cause

death or serious bodily injury to another person unless

immediately arrested or detained.

[A serious bodily injury means a serious impairment of physical

condition. Such an injury may include[, but is not limited to]: (loss of

consciousness/ concussion/ bone fracture/ protracted loss or impairment

of function of any bodily member or organ/ a wound requiring extensive

suturing/ [and] serious disfigurement).]

[A threat of death or serious bodily injury is imminent when, based on

the totality of the circumstances, a reasonable officer in the same

situation would believe that a person has the present ability, opportunity,

and apparent intent to immediately cause death or serious bodily injury

to the peace officer or to another person. An imminent harm is not

merely a fear of future harm, no matter how great the fear and no

matter how great the likelihood of the harm, but is one that, from

appearances, must be instantly confronted and addressed.]

[Totality of the circumstances means all facts known to the defendant at

the time, including the conduct of the defendant and <insert

name of decedent> leading up to the use of deadly force.]

[Deadly force means any use of force that creates a substantial risk of

causing death or serious bodily injury. Deadly force includes, but is not

limited to, the discharge of a firearm.]

[A peace officer who makes or attempts to make an arrest need not

retreat or stop because the person being arrested is resisting or

threatening to resist. A peace officer does not lose (his/her) right to self -

defense by using objectively reasonable force to arrest or to prevent

escape or to overcome resistance.]

[A person who is employed as a police officer by <insert

name of agency that employs police offıcer> is a peace officer.]

[A person employed by <insert name of agency that employs

peace offıcer , e.g., “the Department of Fish and Wildlife”> is a peace officer

if <insert description of facts necessary to make employee a

peace offıcer , e.g, “designated by the director of the agency as a peace

offıcer”> .]

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

the [attempted] killing was not justified. If the People have not met this

burden, you must find the defendant not guilty of [attempted] (murder/

[or] manslaughter).

New January 2006; Revised April 2011, February 2012, August 2012, April 2020,

September 2022