If you find the defendant guilty of first degree murder [as charged in Count ], you must then decide whether the People have proved the additional allegation that the murder was a hate crime.

To prove this allegation the People must prove that the defendant committed the murder, in whole or in part, because of the deceased person’s actual or perceived (disability[,]/[or] gender[,]/ [or] nationality[,]/[or] race or ethnicity[,]/[or] religion[,]/[or] sexual orientation[,]/ [or] association with a person or group with (this/ one or more of these) actual or perceived characteristic[s]).

The defendant acted, in whole or in part, because of the actual or perceived characteristic[s] of the deceased person if:

1.      The defendant was biased against the other person based on the other person’s actual or perceived (disability[,]/ [or] gender[,]/ [or] nationality[,]/ [or] race or ethnicity[,]/ [or] religion[,]/ [or] sexual orientation[,]/ [or] association with a person or group having (this/one or more of these) actual or perceived characteristic[s]);

AND

2.      The bias motivation caused the defendant to commit the alleged murder.

If you find that the defendant had more than one reason to commit the alleged murder, the bias described here must have been a substantial motivating factor. A substantial factor is more than a trivial or remote factor. However, it does not need to be the only factor that motivated the conduct.

[The term disability is explained in Instruction 1353, to which you should refer.]

[Gender, as used here, means sex and includes a person’s gender identity and gender related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth.]

[Nationality includes citizenship, country of origin, and national origin.]

[Race or ethnicity includes ancestry, color, and ethnic background.]