CALCRIM No. 724

Officer, or Firefighter (Pen. Code, § 190.2(a)(7), (8) & (9))

The defendant is charged with the special circumstance of murder of a

(peace officer/federal law enforcement officer/firefighter) [in violation of

Penal Code section 190.2(a)].

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

that:

1. <insert offıcer’s name, excluding title> was a (peace

officer/federal law enforcement officer/firefighter) [lawfully

performing (his/her) duties as a (peace officer/federal law

enforcement officer/firefighter)];

2. The defendant intended to kill <insert offıcer’s name,

excluding title>;

AND

<Alternative 3A—killing during performance of duties>

[3. When <insert offıcer’s name, excluding title> was

killed, the defendant knew, or reasonably should have known,

that <insert offıcer’s name, excluding title> was a

(peace officer/federal law enforcement officer/firefighter) who was

performing (his/her) duties.]

<Alternative 3B—killing in retaliation>

[3. <insert offıcer’s name, excluding title> was killed in

retaliation for the performance of (his/her) official duties.]

[A person who is employed as a police officer by <insert

name of agency that employs police offıcer> is a peace officer.]

[A person employed by <insert name of agency that employs

peace offıcer , e.g., “the Department of Fish and Wildlife”> is a peace officer

if <insert description of facts necessary to make employee a

peace offıcer , e.g., “designated by the director of the agency as a peace

offıcer”> .]

[The duties of (a/an) <insert title of peace offıcer> include

<insert job duties>.]

[A firefighter includes anyone who is an officer, employee, or member of

a (governmentally operated (fire department/fire protection or

firefighting agency) in this state/federal fire department/federal fire

protection or firefighting agency), whether or not he or she is paid for his

or her services.]

<When lawful performance is an issue, give the following paragraph and

Instruction 2670, Lawful Performance: Peace Offıcer .>

[A peace officer is not lawfully performing his or her duties if he or she

is (unlawfully arresting or detaining someone/ [or] using unreasonable or

excessive force in his or her duties). Instruction 2670 explains (when an

arrest or detention is unlawful/ [and] when force is unreasonable or

excessive).]

New January 2006