CALCRIM No. 701

Before June 6, 1990

If you decide that (the/a) defendant is guilty of first degree murder but

was not the actual killer, then, when you consider the special

circumstance[s] <insert special circumstance[s] without intent

requirement for actual killer>, you must also decide whether the defendant

acted with the intent to kill.

In order to prove (this/these) special circumstance[s] for a defendant who

is not the actual killer but who is guilty of first degree murder as (an

aider and abettor/ [or] a member of a conspiracy), the People must

prove that the defendant acted with the intent to kill.

[The People do not have to prove that the actual killer acted with the

intent to kill in order for (this/these) special circumstance[s] to be true.

[If you decide that the defendant is guilty of first degree murder, but you

cannot agree whether the defendant was the actual killer, then, in order

to find (this/these) special circumstance[s] true, you must find that the

defendant acted with the intent to kill.]]

If the defendant was not the actual killer, then the People have the

burden of proving beyond a reasonable doubt that (he/she) acted with

the intent to kill for the special circumstance[s] <insert

special circumstance[s] without intent requirement for actual killer> to be

true. If the People have not met this burden, you must find (this/these)

special circumstance[s] (has/have) not been proved true [for that

defendant].

New January 2006