CALCRIM No. 703

After June 5, 1990—Felony Murder (Pen. Code, § 190.2(d))

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] of <insert felony murder special

circumstance[s]>, you must also decide whether the defendant acted

either with intent to kill or with reckless indifference to human life.

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 either that the defendant intended to kill, or the People must

prove all of the following:

1. The defendant’s participation in the crime began before or

during the killing;

2. The defendant was a major participant in the crime;

2. AND

3. When the defendant participated in the crime, (he/she) acted with

reckless indifference to human life.

[A person acts with reckless indifference to human life when he or she

engages in criminal activity that a reasonable person would know

involves a grave risk of death and he or she knows that the activity

involves a grave risk of death.]

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

to kill or with reckless indifference to human life in order for the special

circumstance[s] of <insert felony-murder 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 either that

the defendant acted with intent to kill or you must find that the

defendant acted with reckless indifference to human life and was a major

participant in the crime.]

[When you decide whether the defendant acted with reckless indifference

to human life, consider all the evidence. No one of the following factors is

necessary, nor is any one of them necessarily enough, to determine

whether the defendant acted with reckless indifference to human life.

Among the factors you may consider are:

[• Did the defendant know that [a] lethal weapon[s] would be

present during the <insert underlying felony>?]

[• Did the defendant know that [a] lethal weapon[s] (was/were)

likely to be used?]

[• Did the defendant know that [a] lethal weapon[s] (was/were)

used?]

[• Did the defendant know the number of weapons involved?]

[• Was the defendant near the person(s) killed when the killing

occurred?]

[• Did the defendant have an opportunity to stop the killing or to

help the victim(s)?]

[• How long did the crime last?]

[• Was the defendant aware of anything that would make a

coparticipant likely to kill?]

[• Did the defendant try to minimize the possibility of violence?]

[• How old was the defendant?]

[• <insert any other relevant factors>]]

[When you decide whether the defendant was a major participant,

consider all the evidence. No one of the following factors is necessary,

nor is any one of them necessarily enough, to determine whether the

defendant was a major participant. Among the factors you may consider

are:

[• What was the defendant’s role in planning the crime that led to

the death[s]?]

[• What was the defendant’s role in supplying or using lethal

weapons?]

[• What did the defendant know about dangers posed by the crime,

any weapons used, or past experience or conduct of the other

participant[s]?]

[• Was the defendant in a position to facilitate or to prevent the

death?]

[• Did the defendant’s action or inaction play a role in the death?]

[• What did the defendant do after lethal force was used?]

[• <insert any other relevant factors.>]]

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

either the intent to kill or with reckless indifference to human life and

CALCRIM No. 703 HOMICIDE

was a major participant in the crime for the special circumstance[s] of

<insert felony murder special circumstance[s]> 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; Revised April 2008, February 2016, August 2016, September

2019, April 2020, September 2023, February 2025,* February 2026*

* Denotes changes only to bench notes and other commentaries.