CA · jury_instructions
CALCRIM No. 571
Voluntary Manslaughter: Imperfect Self-Defense or Imperfect
Defense of Another—Lesser Included Offense (Pen. Code, § 192)
A killing that would otherwise be murder is reduced to voluntary
manslaughter if the defendant killed a person because (he/she) acted in
(imperfect self-defense/ [or] imperfect defense of another).
If you conclude the defendant acted in complete (self-defense/ [or]
defense of another), (his/her) action was lawful and you must find (him/
her) not guilty of any crime. The difference between complete
(self-defense/ [or] defense of another) and (imperfect self-defense/ [or]
imperfect defense of another) depends on whether the defendant’s belief
in the need to use deadly force was reasonable.
The defendant acted in (imperfect self-defense/ [or] imperfect defense of
another) if:
1. The defendant actually believed that (he/she/ [or] someone else/
<insert name of third party>) was in imminent
danger of being killed or suffering great bodily injury;
AND
2. The defendant actually believed that the immediate use of deadly
force was necessary to defend against the danger;
BUT
3. At least one of those beliefs was unreasonable.
[If the defendant used more force than was reasonable to defend against
the defendant’s perceived danger, the defendant did not act in (imperfect
self-defense/[or] imperfect defense of another).]
Belief in future harm is not sufficient, no matter how great or how likely
the harm is believed to be.
In evaluating the defendant’s beliefs, consider all the circumstances as
they were known and appeared to the defendant.
<The following definition may be given if requested.>
[Danger is imminent if, when the defendant used [deadly] force, the
danger actually existed or the defendant actually believed it existed. The
danger must seem immediate and present, so that it must be instantly
dealt with. It may not be merely prospective or in the near future.]
[Imperfect self-defense does not apply when the defendant, through (his/
her) own wrongful conduct, has created circumstances that justify (his/
her) adversary’s use of force.]
[If you find that <insert name of decedent/victim> threatened
or harmed the defendant [or others] in the past, you may consider that
information in evaluating the defendant’s beliefs.]
[If you find that the defendant knew that <insert name of
decedent/victim> had threatened or harmed others in the past, you may
consider that information in evaluating the defendant’s beliefs.]
[If you find that the defendant received a threat from someone else that
(he/she) associated with <insert name of decedent/victim>,
you may consider that threat in evaluating the defendant’s beliefs.]
[Great bodily injury means significant or substantial physical injury. It is
an injury that is greater than moderate harm.]
The People have the burden of proving beyond a reasonable doubt that
the defendant was not acting in (imperfect self-defense/ [or] imperfect
defense of another). If the People have not met this burden, you must
find the defendant not guilty of murder.
New January 2006; Revised August 2012, February 2015, September 2020, March
2022, September 2022, March 2024,* February 2025, October 2025, February 2026
* Denotes changes only to bench notes and other commentaries.
Provenance
- Source
- courts.ca.gov
- Retrieved
- 2026-08-20
- Edition
- calcrim-2026
- Content hash
fcda21b784be03ac23def45d3f2d590b5e63bf9f06cc52045c7f989dc2d09524
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