The defendant may 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>;

<Give element 3 if defendant did not personally commit or attempt felony.>

[3. 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>;]

(3/4). The commission [or attempted commission] of the

____________ <insert felony or felonies from Pen. Code,

§ 189> was a substantial factor in causing the death of another person;

(4/5). The act causing the death and the_____________ <insert

felony or felonies from Pen. Code, § 189> [or attempted

____________ <insert felony or felonies from Pen. Code,
§ 189>] were part of one continuous transaction;

AND

(5/6). There was a logical connection between the act causing