CALCRIM No. 705

Mental State

In order to prove the special circumstance[s] of <insert

special circumstance[s] with intent requirement>, the People must prove

not only that the defendant did the act[s] charged, but also that (he/she)

acted with a particular intent or mental state. The instruction for (each/

the) special circumstance explains the intent or mental state required.

An intent or mental state may be proved by circumstantial evidence.

Before you may rely on circumstantial evidence to conclude that the

defendant had the required intent or mental state, you must be

convinced that the People have proved each fact essential to that

conclusion beyond a reasonable doubt.

Also, before you may rely on circumstantial evidence to conclude that

the defendant had the required intent or mental state, you must be

convinced that the only reasonable conclusion supported by the

circumstantial evidence is that the defendant had the required intent or

mental state. If you can draw two or more reasonable conclusions from

the circumstantial evidence, and one of those reasonable conclusions

supports a finding that the defendant did have the required intent or

mental state and another reasonable conclusion supports a finding that

the defendant did not have the required intent or mental state, you must

conclude that the required intent or mental state was not proved by the

circumstantial evidence. However, when considering circumstantial

evidence, you must accept only reasonable conclusions and reject any

that are unreasonable.

New January 2006