New January 2006

BENCH NOTES

Instructional Duty

The court has a sua sponte duty to give this instruction if transferred intent is one of the general principles of law relevant to the issues raised by the evidence. (People v. Hood (1969) 1 Cal.3d 444, 449 [82 Cal.Rptr. 618, 462 P.2d 370].)

Give optional paragraph A if only an unintended victim is killed. Give optional paragraph B if both the intended victim and an unintended victim or victims are killed. (See discussion in Commentary, below.)

Any defenses that apply to the intended killing apply to the unintended killing as well. (People v. Mathews (1979) 91 Cal.App.3d 1018, 1024 [154 Cal.Rptr. 628].) This includes defenses that decrease the level of culpable homicide such as heat of passion or imperfect self-defense.

Do not give this instruction for a charge of attempted murder. The transferred intent doctrine does not apply to attempted murder. A defendant’s guilt of attempted murder must be judged separately for each alleged victim. (People v. Bland (2002) 28 Cal.4th 313, 327–328, 331 [121 Cal.Rptr.2d 546, 48 P.3d 1107]; see CALCRIM No. 600, Attempted Murder.)

Related Instructions

Always give the appropriate related homicide instructions.

AUTHORITY

• Common Law Doctrine of Transferred Intent. People v. Mathews (1979)

336.

(Pub 1284)

Copyright 2008 Judicial Council of California. 

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Complete Text of the 2008 Criminal Jury Instructions-Official Site
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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