To prove that the defendant is guilty of this crime, the People must prove that:

1.      The defendant committed an act that caused the death of (another person/ [or] a fetus);

[AND]

2.      When the defendant acted, (he/she) had a state of mind called malice aforethought(;/.)

<Give element 3 when instructing on justifiable or excusable homicide>

[AND

3.      (He/She) killed without lawful (excuse/[or] justification).]

There are two kinds of malice aforethought, express malice and implied malice. Proof of either is sufficient to establish the state of mind required for murder.

The defendant acted with express malice if (he/she) unlawfully intended to kill.

The defendant acted with implied malice if:

1.      (He/She) intentionally committed an act;

2.      The natural consequences of the act were dangerous to human life;

3.      At the time (he/she) acted, (he/she) knew (his/her) act was dangerous to human life;

AND

4.      (He/She) deliberately acted with conscious disregard for (human/ [or] fetal) life.

Malice aforethought does not require hatred or ill will toward the