[The defendant is charged [in Count ] with murder, under a theory of felony murder.]
 

The defendant may [also] be guilty of murder, under a theory of felony murder, even if another person did the act that resulted in the death. I will call the other person the perpetrator.

To prove that the defendant is guilty of first degree murder under this theory, the People must prove that:

1.              The defendant (committed [or attempted to commit][,]/ [or] aided and abetted[,]/ [or] was a member of a conspiracy to commit)_ <insert felony or felonies from Pen.
Code, § 189>;

2.              The defendant (intended to commit[,]/ [or] intended to aid and abet the perpetrator in committing[,]/ [or] intended that one or more of the members of the conspiracy commit)
                      <insert felony or felonies from Pen. Code,
§ 189>;

3.              If the defendant did not personally commit [or attempt to commit]         <insert felony or felonies from Pen.
Code, § 189>, then a perpetrator, (whom the defendant was aiding and abetting/ [or] with whom the defendant conspired), personally committed [or attempted to commit]
                      <insert felony or felonies from Pen. Code,
§ 189>;

[AND]

4.              While committing [or attempting to commit] _____________ ,
<insert felony or felonies from Pen. Code, § 189> the perpetrator did an act that caused the death of another person(;/.)

<Give element 5 if the court concludes it must instruct on causal relationship between felony and death; see Bench Notes.>

[AND

540B. Felony Murder: First Degree—Coparticipant AllegedlyCommitted Fatal Act
(Pen. Code, § 189) Page 289
540B. Felony Murder: First Degree—Coparticipant AllegedlyCommitted Fatal Act
 (Pen. Code, § 189) Page 290
540B. Felony Murder: First Degree—Coparticipant AllegedlyCommitted Fatal Act
(Pen. Code, § 189) Page 291
540B. Felony Murder: First Degree—Coparticipant AllegedlyCommitted Fatal Act
(Pen. Code, § 189) Page 292
540B. Felony Murder: First Degree—Coparticipant AllegedlyCommitted Fatal Act
(Pen. Code, § 189) Page 293
540B. Felony Murder: First Degree—Coparticipant AllegedlyCommitted Fatal Act
(Pen. Code, § 189) Page 294
540B. Felony Murder: First Degree—Coparticipant AllegedlyCommitted Fatal Act
(Pen. Code, § 189) Page 295