10th Cir. Crim. Pattern Jury Instr. 3.06

Before you may consider whether the death penalty is an

appropriate sentence in this case, you must unanimously find

beyond a reasonable doubt that the government proved that, in

committing the offense charged in count [—], the defendant

committed one of the following acts:

1. intentionally killed the victim;

2. intentionally inflicted serious bodily injury that resulted

in the death of the victim;

3. intentionally participated in an act, contemplating that

the life of a person would be taken or intending that lethal

force would be used in connection with a person, other

than one of the participants in the offense, and the victim

died as a result of the act; or

4. intentionally and specifically engaged in an act of

violence, knowing that the act created a grave risk of

death to a person, other than one of the participants in

the offense, such that participation in the act constituted

a reckless disregard for human life and the victim died as

a direct result of the act. (Please refer to paragraph (1) of

the Comment and modify this instruction as appropriate.)

These alternatives are set out in the Special Findings Form,

and you must consider and resolve them separately. For each one,

you must decide whether you unanimously agree that it has been

proved beyond a reasonable doubt, (Please refer to paragraph (2)

of the Comment and modify this instruction as appropriate), and

indicate your answer on the Form, and then continue with the

next until you have finished. If you answer “no” to all four

alternatives, your deliberations are over. Sign Verdict III- B

(Life Imprisonment), and certify your decision as described in

section IV of the Form. If you answer “yes” to one or more, proceed

to the next step in your deliberations.