CALCRIM No. 600

The defendant is charged [in Count] with attempted

murder.

To prove that the defendant is guilty of attempted murder, the People

must prove that:

1. The defendant took at least one direct but ineffective step toward

killing (another person/ [or] a fetus);

1. AND

2. The defendant intended to kill (that/a) (person/ [or] fetus).

A direct step requires more than merely planning or preparing to commit

murder or obtaining or arranging for something needed to commit

murder. A direct step is one that goes beyond planning or preparation

and shows that a person is putting his or her plan into action. A direct

step indicates a definite and unambiguous intent to kill. It is a direct

movement toward the commission of the crime after preparations are

made. It is an immediate step that puts the plan in motion so that the

plan would have been completed if some circumstance outside the plan

had not interrupted the attempt.

[A person who attempts to commit murder is guilty of attempted murder

even if, after taking a direct step toward killing, he or she abandons

further efforts to complete the crime, or his or her attempt fails or is

interrupted by someone or something beyond his or her control. On the

other hand, if a person freely and voluntarily abandons his or her plans

before taking a direct step toward committing the murder, then that

person is not guilty of attempted murder.]

[The defendant may be guilty of attempted murder even if you conclude

that murder was actually completed.]

[A fetus is an unborn human being that has progressed beyond the

embryonic stage after major structures have been outlined, which

typically occurs at seven to eight weeks after fertilization.]

<Give when kill zone theory applies; repeat the relevant paragraphs for each

victim.>

[A person may intend to kill a primary target and also [a] secondary

target[s] within a zone of fatal harm or “kill zone.” A “kill zone” is an

area in which the defendant used lethal force that was designed and

intended to kill everyone in the area around the primary target.

In order to convict the defendant of the attempted murder of

<insert name or description of victim charged in attempted

murder count[s] on concurrent-intent theory>, the People must prove that

the defendant not only intended to kill <insert name of

primary target alleged> but also either intended to kill

<insert name or description of victim charged in attempted murder count[s]

on concurrent-intent theory>, or intended to kill everyone within the kill

zone.

In determining whether the defendant intended to kill

<insert name or description of victim charged in attempted murder count[s]

on concurrent-intent theory>, the People must prove that (1) the only

reasonable conclusion from the defendant’s use of lethal force, is that the

defendant intended to create a kill zone; and (2) <insert

name or description of victim charged in attempted murder count[s] on

concurrent-intent theory> was located within the kill zone.

In determining whether the defendant intended to create a “kill zone”

and the scope of such a zone, you should consider all of the

circumstances including, but not limited to, the following:

[• The type of weapon used(;/.)]

[• The number of shots fired(;/.)]

[• The distance between the defendant and <insert

name or description of victim charged in attempted murder count[s]

on concurrent-intent theory>(;/.)]

[• The distance between <insert name or description of

victim charged in attempted murder count[s] on concurrent-intent

theory> and the primary target.]

If you have a reasonable doubt whether the defendant intended to kill

<insert name or description of victim charged in attempted

murder count[s] on concurrent-intent theory> or intended to kill

<insert name or description of primary target alleged> by

killing everyone in the kill zone, then you must find the defendant not

guilty of the attempted murder of <insert name or

description of victim charged in attempted murder count[s] on concurrent -

intent theory>.]

New January 2006; Revised December 2008, August 2009, April 2011, August 2013,

September 2019, April 2020, September 2023, March 2024,* February 2025,

October 2025*

* Denotes changes only to bench notes and other commentaries.

CALCRIM No. 600 HOMICIDE