CALCRIM No. 732

Felony—Arson With Intent to Kill (Pen. Code, § 190.2(a)(17))

The defendant is charged with the special circumstance of intentional

murder while engaged in the commission of arson that burned an

(inhabited structure/[or] inhabited property) [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)

arson that burned an (inhabited structure/[or] inhabited

property);

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) arson that

burned an (inhabited structure/[or] inhabited property);

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

arson.>

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

commit] arson, then another perpetrator, (whom the defendant

was aiding and abetting/ [or] with whom the defendant

conspired), personally committed [or attempted to commit] arson

that burned an (inhabited structure/[or] inhabited property);]

(3/4). The commission [or attempted commission] of the arson was a

substantial factor in causing the death of another person;

AND

(4/5). The defendant intended that the other person be killed.

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

attempted to commit] arson that burned an (inhabited structure/[or]

inhabited property), please refer to the separate instructions that I (will

give/have given) you on that crime. [To decide whether the defendant

aided and abetted the 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 the

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 underlying arson, aiding

and abetting, and conspiracy are given.>

An act causes death if the death is the direct, natural, and probable

consequence of the act and the death would not have happened without

the act. A natural and probable consequence is one that a reasonable

person would know is likely to happen if nothing unusual intervenes. In

deciding whether a consequence is natural and probable, consider all the

circumstances established by the evidence.

There may be more than one cause of death. An act causes death only if

it is a substantial factor in causing the death. A substantial factor is more

than a trivial or remote factor. However, it does not need to be the only

factor that causes the death.

[If all the listed elements are proved, you may find this special

circumstance true even if the defendant intended solely to commit

murder and the commission of arson was merely part of or incidental to

the commission of that murder.]

New January 2006; Revised August 2013, August 2016, September 2019