If you find the defendant guilty of attempted murder [under Count], you must then decide whether the People have proved the additional allegation that (he/she) attempted to murder a (peace officer/firefighter/custodial officer).

To prove this allegation, the People must prove that:

1.                              <insert offıcer’s name, excluding title> was a
(peace officer/firefighter/custodial officer/custody assistant/ nonsworn uniformed employee of a sheriff’s department) lawfully performing (his/her) duties as a (peace officer/firefighter/custodial officer/custody

assistant/nonsworn uniformed employee of a sheriff’s department);

AND

2.      When the defendant attempted the murder, the defendant knew, or reasonably should have known, that________________________________________________
<insert offıcer’s name, excluding title> was a (peace officer/ firefighter/custodial officer/custody assistant/nonsworn uniformed employee of a sheriff’s department) who was performing (his/her) duties.

[A person who is employed as a police officer by_____________

<insert name of agency that employs police offıcer> is a peace officer.]

[A person employed by__________________ <insert name of agency that

employs peace offıcer , e.g., “the Department of Fish and Game ” > is a peace officer if <insert description offacts necessary to make employee a peace offıcer , e.g, “designated by the director of the agency as a peace offıcer”> .]

[The duties of (a/an)__________________ <insert title of peace offıcer,

firefighter, custodial offıcer , custody assistant or nonsworn uniformed employee of a sheriff’s department> include___________________________________________ <insert job
duties> .]

[A firefighter includes anyone who is an officer, employee, or member of a (governmentally operated (fire department/fire