CALCRIM No. 593

<If misdemeanor vehicular manslaughter—ordinary negligence is a charged

offense, give alternative A; if this instruction is being given as a lesser

included offense, give alternative B.>

<Introductory Sentence: Alternative A—Charged Offense>

[The defendant is charged [in Count] with vehicular

manslaughter [in violation of Penal Code section 192(c)(2)].]

<Introductory Sentence: Alternative B—Lesser Included Offense>

[Vehicular manslaughter with ordinary negligence is a lesser crime than

(gross vehicular manslaughter while intoxicated/ [and] gross vehicular

manslaughter/ [and] vehicular manslaughter with ordinary negligence

while intoxicated.)]

To prove that the defendant is guilty of vehicular manslaughter with

ordinary negligence, the People must prove that:

1. While (driving a vehicle/operating a vessel), the defendant

committed (a misdemeanor[,]/ [or] an infraction/ [or] a lawful act

in an unlawful manner);

2. The (misdemeanor[,]/ [or] infraction/ [or] otherwise lawful act)

was dangerous to human life under the circumstances of its

commission;

3. The defendant committed the (misdemeanor[,]/ [or] infraction/

[or] otherwise lawful act) with ordinary negligence;

AND

4. The (misdemeanor[,]/ [or] infraction/ [or] otherwise lawful act)

caused the death of another person.

[The People allege that the defendant committed the following

(misdemeanor[s]/ [and] infraction[s]): <insert

misdemeanor[s]/ infraction[s]>.

Instruction[s] tell[s] you what the People must prove in

order to prove that the defendant committed <insert

misdemeanor[s]/infraction[s]>.]

[The People [also] allege that the defendant committed the following

otherwise lawful act[s] with ordinary negligence: <insert

act[s] alleged>.]

[The difference between this offense and the charged offense of gross

vehicular manslaughter is the degree of negligence required. I have

already defined gross negligence for you.]

Ordinary negligence[, on the other hand,] is the failure to use reasonable

care to prevent reasonably foreseeable harm to oneself or someone else.

A person is negligent if he or she (does something that a reasonably

careful person would not do in the same situation/ [or] fails to do

something that a reasonably careful person would do in the same

situation).

[A person facing a sudden and unexpected emergency situation not

caused by that person’s own negligence is required only to use the same

care and judgment that an ordinarily careful person would use in the

same situation, even if it appears later that a different course of action

would have been safer.]

[An act causes death if the death is the direct, natural, and probable

consequence of the act and the death would not have happened without

the act. 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.]

[There may be more than one cause of death. An act causes death only if

it is a substantial factor in causing the death. A substantial factor is more

than a trivial or remote factor. However, it does not need to be the only

factor that causes the death.]

[The People allege that the defendant committed the following

(misdemeanor[s][,]/ [and] infraction[s][,]/ [and] lawful act[s] that might

cause death): <insert alleged predicate acts when multiple

acts alleged>. Y ou may not find the defendant guilty unless all of you

agree that the People have proved that the defendant committed at least

one of these alleged (misdemeanors[,]/ [or] infractions[,]/ [or] otherwise

lawful acts that might cause death) and you all agree on which

(misdemeanor[,]/ [or] infraction[,]/ [or] otherwise lawful act that might

cause death) the defendant committed.]

New January 2006; Revised December 2008, October 2010, April 2011, October

2025*

* Denotes changes only to bench notes and other commentaries.