CALCRIM No. 640

When Defendant Is Charged With First Degree Murder and Jury Is

Given Not Guilty Forms for Each Level of Homicide

[For each count charging murder,] (Y/y)ou (have been/will be) given

verdict forms for guilty and not guilty of first degree murder (, /and)

[second degree murder] [(, /and)] [voluntary manslaughter] [(, /and)]

[involuntary manslaughter].

It is up to you to decide the order in which you consider these different

kinds of homicide and the relevant evidence. For example, you do not

have to reach a verdict on the first degree murder charge[s] before

considering the (second degree murder[,]/ [(and/or)] voluntary

manslaughter[,]/ (and/or) involuntary manslaughter) charge[s]. However,

I can accept a verdict of guilty or not guilty of <insert

second degree murder or , if the jury is not instructed on second degree

murder as a lesser included offense, each form of manslaughter , voluntary

and/or involuntary, on which the jury is instructed> only if all of you have

found the defendant not guilty of first degree murder, [and I can accept

a verdict of guilty or not guilty of (voluntary/involuntary/voluntary or

involuntary) manslaughter only if all of you have found the defendant

not guilty of both first and second degree murder].

[As with all of the charges in this case,] (To/to) return a verdict of guilty

or not guilty on a count, you must all agree on that decision.

Follow these directions before you give me any completed and signed

final verdict form[s]. [Return the unused verdict form[s] to me,

unsigned.]

1. If all of you agree that the People have proved beyond a

reasonable doubt that the defendant is guilty of first degree

murder, complete and sign that verdict form. Do not complete or

sign any other verdict forms [for that count].

2. If all of you cannot agree whether the defendant is guilty of first

degree murder, inform me that you cannot reach an agreement

and do not complete or sign any verdict forms [for that count].

2. <In addition to paragraphs 1–2, give the following if the jury is

instructed on second degree murder as a lesser included offense.>

[3. If all of you agree that the defendant is not guilty of first degree

murder but also agree that the defendant is guilty of second

degree murder, complete and sign the form for not guilty of first

degree murder and the form for guilty of second degree murder.

Do not complete or sign any other verdict forms [for that count].

4. If all of you agree that the defendant is not guilty of first degree

murder but cannot agree whether the defendant is guilty of

second degree murder, complete and sign the form for not guilty

of first degree murder and inform me that you cannot reach

further agreement. Do not complete or sign any other verdict

forms [for that count].]

4. <In addition to paragraphs 1–4, give the following if the jury is

instructed on second degree murder as the only lesser included

offense.>

[5. If all of you agree that the defendant is not guilty of first degree

murder and not guilty of second degree murder, complete and

sign the verdict forms for not guilty of both. Do not complete or

sign any other verdict forms [for that count].]

[5. <In addition to paragraphs 1–4, give the following if the jury is

instructed on second degree murder and only one form of

manslaughter (voluntary or involuntary) as lesser included offenses.>

[5. If all of you agree that the defendant is not guilty of first degree

murder and not guilty of second degree murder, but also agree

that the defendant is guilty of (voluntary/involuntary)

manslaughter, complete and sign the forms for not guilty of first

degree murder and not guilty of second degree murder and the

form for guilty of (voluntary/involuntary) manslaughter. Do not

complete or sign any other verdict forms [for that count].

6. If all of you agree that the defendant is not guilty of first degree

murder and not guilty of second degree murder, but cannot agree

whether the defendant is guilty of (voluntary/involuntary)

manslaughter, complete and sign the forms for not guilty of first

degree murder and not guilty of second degree murder and

inform me that you cannot reach further agreement. Do not

complete or sign any other verdict forms [for that count].

7. If all of you agree that the defendant is not guilty of first degree

murder, not guilty of second degree murder, and not guilty of

(voluntary/involuntary) manslaughter, complete and sign the

verdict forms for not guilty of each crime. Do not complete or

sign any other verdict forms [for that count].]

7. <In addition to paragraphs 1–4, give the following if the jury is

instructed on second degree murder and both voluntary and

involuntary manslaughter as lesser included offenses.>

CALCRIM No. 640 HOMICIDE

[5. If all of you agree that the defendant is not guilty of first degree

murder and not guilty of second degree murder, complete and

sign the forms for not guilty of first degree murder and not guilty

of second degree murder.

6. If all of you agree on a verdict of guilty or not guilty of voluntary

or involuntary manslaughter, complete and sign the appropriate

verdict form for each charge on which you agree. You may not

find the defendant guilty of both voluntary and involuntary

manslaughter [as to any count]. Do not complete or sign any

other verdict forms [for that count].

7. If you cannot reach agreement as to voluntary manslaughter or

involuntary manslaughter, inform me of your disagreement. Do

not complete or sign any verdict form for any charge on which

you cannot reach agreement.]

7. <In addition to paragraphs 1–2, give the following if the jury is not

instructed on second degree murder and the jury is instructed on one

form of manslaughter (voluntary or involuntary) as the only lesser

included offense.>

[3. If all of you agree that the defendant is not guilty of first degree

murder but also agree that the defendant is guilty of (voluntary/

involuntary) manslaughter, complete and sign the form for not

guilty of first degree murder and the form for guilty of

(voluntary/involuntary) manslaughter. Do not complete or sign

any other verdict forms [for that count].

4. If all of you agree that the defendant is not guilty of first degree

murder but cannot agree whether the defendant is guilty of

(voluntary/involuntary) manslaughter, complete and sign the form

for not guilty of first degree murder and inform me that you

cannot reach further agreement. Do not complete or sign any

other verdict forms [for that count].

5. If all of you agree that the defendant is not guilty of first degree

murder or (voluntary/involuntary) manslaughter, complete and

sign the verdict forms for not guilty of each crime. Do not

complete or sign any other verdict forms [for that count].]

5. <In addition to paragraphs 1–2, give the following if the jury is

instructed on both voluntary and involuntary manslaughter, but not

second degree murder, as lesser included offenses.>

[3. If all of you agree that the defendant is not guilty of first degree

murder, complete and sign the form for not guilty of first degree

murder.

HOMICIDE CALCRIM No. 640

4. If all of you agree on a verdict of guilty or not guilty of voluntary

or involuntary manslaughter, complete and sign the appropriate

verdict form for each charge on which you agree. You may not

find the defendant guilty of both voluntary and involuntary

manslaughter [as to any count]. Do not complete or sign any

other verdict forms [for that count].

5. If you cannot reach agreement as to voluntary manslaughter or

involuntary manslaughter, inform me of your disagreement. Do

not complete or sign any verdict form for any charge on which

you cannot reach agreement.]

New January 2006; Revised April 2008, August 2009, September 2024