8th Cir. Model Jury Instr. (Criminal) 12.06

Before you may consider the imposition of the death penalty, you must [also] unanimously find beyond a reasonable doubt that the defendant intentionally [killed] [committed acts resulting in the death of] (name(s) of victim(s)) in [the] [one of the] manner(s)1 described below. If you unanimously make that finding [as to the [murder(s)] [death(s)] of (name(s) of victim(s))], you should so indicate on [the appropriate] page [__] of Section II (I) of the Special Verdict Form and continue your deliberations. If you do not unanimously make that finding [as to the [murder] [death] of (name(s) of victim(s))], you should so indicate on [the appropriate] page [__] of Section [I] [II] of the Special Verdict Form, and follow the instructions at the end of Section [I] [II]on page [__] and no further deliberations will be necessary for the [murder(s)] [death(s)] of (name(s) of victim(s)).

The [government] [prosecution] alleges that (LIST SEPARATELY FOR EACH HOMICIDE AS APPROPRIATE):2

The defendant intentionally killed the victim, (name of victim), by (summarize pertinent predicate facts, e.g., shooting her in the head). To establish that the defendant intentionally killed the victim, the [government] [prosecution] must prove that the defendant killed the victim with a conscious desire to cause the victim's death.

The defendant intentionally inflicted serious bodily injury that resulted in the death of the victim, (name of victim), by (summarize pertinent predicate facts, e.g., inflicting a severe blow to the head of, shooting, stabbing) (name of victim), which resulted in the death of (name of victim). The [government] [prosecution] must prove that the defendant deliberately caused serious injury to the victim's body which in turn caused the victim's death. “Serious bodily injury” means a significant or considerable amount of injury which involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of a body member, organ or mental faculty.3

The defendant intentionally participated in an act, [contemplating that the life of a person, (name of victim), would be taken] [intending that lethal force would be used in connection with a person, other than one of the participants in the offense, and the victim, (name of victim), died as a direct result of the act], by (summarize pertinent predicate facts, e.g., ordering, directing, hiring another, hiring others) to [inflict a severe blow to the head of] [shoot] [stab] (name of victim), which directly resulted in the death of (name of victim). The [government] [prosecution] must prove that the defendant deliberately (describe act(s) committed) with a conscious desire that a person be killed or that lethal force be employed against a person. The phrase “lethal force” means [an act] [acts] of violence capable of causing death.

The defendant 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 (name of victim) died as a direct result of the act, by (summarize pertinent predicate facts).

[Intent or knowledge may be proved like anything else. You may consider any statements made and acts done by the defendant, and all the facts and circumstances in evidence which may aid in a determination of defendant's knowledge or intent.]4

[You may, but are not required to, infer that a person intends the natural and probable consequences of acts knowingly done or knowingly omitted.]