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 second 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 inherently dangerous felony or
felonies>;

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 inherently dangerous felony or felonies>;

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

[3. The perpetrator committed [or attempted to commit]
____________ <insert inherently dangerous felony or

felonies>;]

(3/4). The commission [or attempted commission of] the
_____________ <insert inherently dangerous felony or felonies>
caused the death of another person;

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

inherently dangerous felony or felonies> [or attempted  <insert inherently dangerous felony or felonies>] were part of one continuous transaction;

AND

(5/6). There was a logical connection between the act causing the death and the              <insert inherently dangerous
felony or felonies>. The connection between the fatal act and

the_____________ <insert inherently dangerous felony or

New January 2006

315.

(Pub 1284)

Copyright 2008 Judicial Council of California. 

External Links-Links to Official Site
Complete Text of the 2008 Criminal Jury Instructions-Official Site
CALCRIM Table of Contents 24 categories of instructions-Official Site 
December 2008 Supplement to the Criminal Jury Instruction- Official Site
User's Guide Official Site

Internal Links
California Criminal Jury Instructions-CALCRIM-Table of Contents
California Criminal Jury Instructions-CALCRIM-Volume 1 Table of Contents 
California Jury Instructions-CALCRIM-Vol. 1. General Instructions