CALCRIM No. 730

(Pen. Code, § 190.2(a)(17))

The defendant is charged with the special circumstance of murder

committed while engaged in the commission of <insert

felony or felonies from Pen. Code, § 190.2(a)(17)> [in violation of Penal

Code section 190.2(a)(17)].

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

that:

1. The defendant (committed [or attempted to commit][,]/ [or] aided

and abetted[,]/ [or] was a member of a conspiracy to commit)

<insert felony or felonies from Pen. Code,

§ 190.2(a)(17)>;

2. The defendant (intended to commit[,]/ [or] intended to aid and

abet the perpetrator in committing[,]/ [or] intended that one or

more of the members of the conspiracy commit)

<insert felony or felonies from Pen. Code, § 190.2(a)(17)>;

<Give element 3 if defendant did not personally commit or attempt

felony.>

[3. If the defendant did not personally commit [or attempt to

commit] <insert felony or felonies from Pen. Code,

§ 190.2(a)(17)>, then a perpetrator, (whom the defendant was

aiding and abetting before or during the killing/ [or] with whom

the defendant conspired), personally committed [or attempted to

commit] <insert felony or felonies from Pen. Code,

§ 190.2(a)(17)>;]

AND

(3/4). (The defendant/ <insert name or description of

person causing death if not defendant>) personally committed (an/

the) act[s] that directly caused the death of another person.

To decide whether (the defendant/ [and] the perpetrator) committed [or

attempted to commit] <insert felony or felonies from Pen.

Code, § 190.2(a)(17)>, please refer to the separate instructions that I (will

give/have given) you on (that/those) crime[s]. [To decide whether the

defendant aided and abetted a crime, please refer to the separate

instructions that I (will give/have given) you on aiding and abetting.] [To

decide whether the defendant was a member of a conspiracy to commit a

crime, please refer to the separate instructions that I (will give/have

given) you on conspiracy.] Y ou must apply those instructions when you

decide whether the People have proved this special circumstance.

<Make certain that all appropriate instructions on all underlying felonies,

aiding and abetting, and conspiracy are given.>

[The defendant must have (intended to commit[,]/ [or] aided and

abetted/ [or] been a member of a conspiracy to commit) the (felony/

felonies) of <insert felony or felonies from Pen. Code,

§ 190.2(a)(17)> before or at the time of the act causing the death.]

[In addition, in order for this special circumstance to be true, the People

must prove that the defendant intended to commit <insert

felony or felonies from Pen. Code, § 190.2(a)(17)> independent of the

killing. If you find that the defendant only intended to commit murder

and the commission of <insert felony or felonies from Pen.

Code, § 190.2(a)(17)> was merely part of or incidental to the commission

of that murder, then the special circumstance has not been proved.]

New January 2006; Revised August 2006, April 2008, August 2013, March 2021,

March 2023