[Before you may decide whether the defendant is guilty of <insert non-target offense>, you must decide whether (he/she) is guilty of <insert target offense>.]

To prove that the defendant is guilty of_______________ <insert non-

target offense>, the People must prove that:

1.        The defendant is guilty of_____________ <insert target
offense>;

2.        During the commission of_____________ <insert target

offense> a coparticip ant in that____________________ <insert target

offense> committed the crime of______________ <insert non-

target offense>;

AND

3.        Under all of the circumstances, a reasonable person in the defendant’s position would have known that the

commission of the__________________ <insert non-target offense>

was a natural and probable consequence of the commission of the                <insert target offense>.

A coparticipant in a crime is the perpetrator or anyone who aided and abetted the perpetrator. It does not include a victim or innocent bystander.

A natural and probable consequence is one that a reasonable person would know is likely to happen if nothing unusual intervenes. In deciding whether a consequence is natural and probable, consider all of the circumstances established by the evidence. If the <insert non-target offense> was
committed for a reason independent of the common plan to

commit the_____________ <insert target offense>, then the

commission of_____________ <insert non-target offense> was not a

natural and probable consequence of______________ <insert target

offense>.

To decide whether crime of___________________ <insert non-target offense>

was committed, please refer to the separate instructions that I (will give/have given) you on (that/those) crime[s].