<Introductory Sentence: Alternative A—Charged Offense>

[The defendant is charged [in Count__________ ] with gross vehicular manslaughter [in violation of Penal Code section 192(c)(1)].]

<Introductory Sentence: Alternative B—Lesser Included Offense>

[Gross vehicular manslaughter is a lesser crime than gross vehicular manslaughter while intoxicated.]

To prove that the defendant is guilty of gross vehicular manslaughter, the People must prove that:

1.      The defendant (drove a vehicle/operated a vessel);

2.      While (driving that vehicle/operating that vessel), the defendant committed (a/an) (misdemeanor[,]/ [or] infraction[,]/ [or] otherwise lawful act that might cause death);

3.      The defendant committed the (misdemeanor[,]/ [or] infraction[,]/ [or] otherwise lawful act that might cause death) with gross negligence;

AND

4.      The defendant’s grossly negligent conduct caused the death of another person.

[The People allege that the defendant committed the following (misdemeanor[s]/ [and] infraction[s]):  <insert
misdemeanor[s]/ infraction[s]>.

Instruction[s] _____________  tell[s] you what the People must prove

in order to prove that the defendant committed______________
<insert misdemeanor[s]/infraction[s]>.]

[The People [also] allege that the defendant committed the following otherwise lawful act(s) that might cause death:
___________ <insert act[s] alleged>.]

Gross negligence involves more than ordinary carelessness,