MUJI 2d CR1411

(DEFENDANT'S NAME) is charged [in Count __] with committing Murder [on or about DATE]. You cannot convict (him)(her) of this offense unless, based on the evidence, you find beyond a reasonable doubt each of the following elements:

(DEFENDANT'S NAME)

[intentionally or knowingly caused the death of (VICTIM'S NAME); or]

[intending to cause serious bodily injury to another, (DEFENDANT'S NAME) committed an act clearly dangerous to human life that caused the death of (VICTIM'S NAME); or]

[acting under circumstances evidencing a depraved indifference to human life, (DEFENDANT'S NAME) knowingly engaged in conduct which created a grave risk of death to another and thereby caused the death of (VICTIM'S NAME); or]

[while engaging in the commission, attempted commission, or immediate flight from the commission or attempted commission of [the predicate offense(s)], or as a party to [the predicate offense(s)],

(VICTIM'S NAME) was killed;

(VICTIM'S NAME) was not a party to [the predicate offense(s)]; and

(DEFENDANT'S NAME) acted with the intent required as an element of [the predicate offense(s)]; or]

[recklessly caused the death of (VICTIM'S NAME), a peace officer or military service member in uniform while in the commission of

an assault against a peace officer;

interference with a peace officer making a lawful arrest, if (DEFENDANT'S NAME) used force against a peace officer; or

an assault against a military service member in uniform.]

[The defense of _____________________ does not apply.]

After you carefully consider all the evidence in this case, if you are convinced that each and every element has been proven beyond a reasonable doubt, then you must find the defendant GUILTY. On the other hand, if you are not convinced that each and every element has been proven beyond a reasonable doubt, then you must find the defendant NOT GUILTY.