CALCRIM No. 722

(Pen. Code, § 190.2(a)(4) & (6))

The defendant is charged with the special circumstance of murder by

use of (a/an) (bomb[,]/ [or] explosive[,]/ [or] destructive device) [in

violation of <insert appropriate code section[s]>].

To prove that this special circumstance is true, the People must prove

that:

1. The murder was committed by using (a/an) (bomb[,]/ [or]

explosive[,]/ [or] destructive device);

<Alternative 2A—device planted, Pen. Code, § 190.2(a)(4)>

[2. The (bomb[,]/ [or] explosive[,]/ [or] destructive device) was

planted, hidden, or concealed in (a/an) (place[,]/ [or] area[,]/ [or]

dwelling[,]/ [or] building[,]/ [or] structure);]

<Alternative 2B—device mailed or delivered, Pen. Code, § 190.2(a)(6)>

[2. The defendant (mailed or delivered[,]/ [or] attempted to mail or

deliver[,]/ [or] caused to be mailed or delivered) the (bomb[,]/ [or]

explosive[,]/ [or] destructive device);]

AND

3. The defendant knew, or reasonably should have known, that (his/

her) actions would create a great risk of death to one or more

human beings.

[An explosive is any substance, or combination of substances, (1) whose

main or common purpose is to detonate or rapidly combust and (2) that

is capable of a relatively instantaneous or rapid release of gas and heat.]

[An explosive is also any substance whose main purpose is to be

combined with other substances to create a new substance that can

release gas and heat rapidly or relatively instantaneously.]

[<insert type of explosive from Health & Saf. Code, § 12000>

is an explosive.]

[A destructive device is <insert definition supported by

evidence from Pen. Code, § 16460>.]

[<insert type of destructive device from Pen. Code, § 16460>

is a destructive device.]

[For the purpose of this special circumstance, delivery of (a/an) (bomb[,]/

[or] explosive[,]/ [or] destructive device) includes throwing it.]

New January 2006; Revised February 2012