CALCRIM No. 525

Code, § 190(d))

If you find the defendant guilty of second degree murder [as charged in

Count], you must then decide whether the People have proved

the additional allegation that the murder was committed by shooting a

firearm from a motor vehicle.

To prove this allegation, the People must prove that:

1. (The defendant/ <insert name or description of

principal if not defendant>) killed a person by shooting a firearm

from a motor vehicle;

2. (The defendant/ <insert name or description of

principal if not defendant>) intentionally shot at a person who was

outside the vehicle;

AND

3. When (the defendant/ <insert name or description of

principal if not defendant>) shot a firearm, (the defendant/

<insert name or description of principal if not

defendant>) intended to inflict great bodily injury on the person

outside the vehicle.

[A firearm is any device designed to be used as a weapon, from which a

projectile is discharged or expelled through a barrel by the force of an

explosion or other form of combustion.]

[A motor vehicle includes (a/an) (passenger vehicle/motorcycle/motor

scooter/bus/school bus/commercial vehicle/truck tractor and trailer/

<insert other type of motor vehicle>).]

[Great bodily injury means significant or substantial physical injury. It is

an injury that is greater than moderate harm.]

[The term[s] (great bodily injury[,]/ firearm[,]/ [and] motor vehicle) (is/are)

defined in another instruction to which you should refer.]

[The People must prove that the defendant intended that the person shot

at suffer great bodily injury when (he/she/ <insert name or

description of principal if not defendant>) shot from the vehicle. However,

the People do not have to prove that the defendant intended to injure

the specific person who was actually killed.]

The People have the burden of proving this allegation beyond a

reasonable doubt. If the People have not met this burden, you must find

that this allegation has not been proved.

New January 2006; Revised September 2020, October 2025