CALCRIM No. 626

Homicide Crimes (Pen. Code, § 29.4)

Voluntary intoxication may cause a person to be unconscious of his or

her actions. A very intoxicated person may still be capable of physical

movement but may not be aware of his or her actions or the nature of

those actions.

A person is voluntarily intoxicated if he or she becomes intoxicated by

willingly using any intoxicating drug, drink, or other substance knowing

that it could produce an intoxicating effect, or willingly assuming the

risk of that effect.

When a person voluntarily causes his or her own intoxication to the

point of unconsciousness, the person assumes the risk that while

unconscious he or she will commit acts inherently dangerous to human

life. If someone dies as a result of the actions of a person who was

unconscious due to voluntary intoxication, then the killing is involuntary

manslaughter.

Involuntary manslaughter has been proved if you find beyond a

reasonable doubt that:

1. The defendant killed without legal justification or excuse;

2. The defendant did not act with the intent to kill;

3. The defendant did not act with a conscious disregard for human

life;

AND

4. As a result of voluntary intoxication, the defendant was not

conscious of (his/her) actions or the nature of those actions.

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

the defendant was not unconscious. If the People have not met this

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

voluntary manslaughter).

New January 2006; Revised August 2014