240. Causation
An act causes (injury/<insert other description>) if the (injury/<insert other description>) is the direct, natural, and probable consequence of the act and the (injury/<insert other description>) would not have happened without the act. 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 the circumstances established by the evidence.
<Give if multiple potential causes.>
[There may be more than one cause of (injury/<insert other description>). An act causes (injury/<insert other description>), only if it is a substantial factor in causing the (injury/<insert other description>). A substantial factor is more than a trivial or remote factor. However, it does not have to be the only factor that causes the (injury/<insert other description>).]
Bench Notes
Instructional Duty
If causation is at issue, the court has a sua sponte duty to instruct on proximate cause. (People v. Bernhardt (1963) 222 Cal.App.2d 567, 590- 591 [35 Cal.Rptr. 401]; People v. Cervantes (2001) 26 Cal.4th 860, 866- 874 [111 Cal.Rptr.2d 148, 29 P.3d 225].) The committee has addressed causation in those instructions where the issue is most likely to arise. If the particular facts of the case raise a causation issue and other instructions do not adequately cover the point, give this instruction.
If there is evidence of multiple potential causes, the court should also give the bracketed paragraph. (People v. Sanchez (2001) 26 Cal.4th 834, 845- 849 [111 Cal.Rptr.2d 129, 29 P.3d 209]; People v. Autry (1995) 37 Cal.App.4th 351, 363 [43 Cal.Rptr.2d 135].)
Authority
Proximate Cause. People v. Cervantes (2001) 26 Cal.4th 860, 866- 874 [111 Cal.Rptr.2d 148, 29 P.3d 225]; People v. Roberts (1992) 2 Cal.4th 271, 315-322 [6 Cal.Rptr.2d 276, 826 P.2d 274].
Substantial Factor. People v. Sanchez (2001) 26 Cal.4th 834, 845-849 [111 Cal.Rptr.2d 129, 29 P.3d 209]; People v. Autry (1995) 37 Cal.App.4th 351, 363 [43 Cal.Rptr.2d 135].
Independent Intervening Cause. People v. Cervantes (2001) 26 Cal.4th 860, 866-874 [111 Cal.Rptr.2d 148, 29 P.3d 225].
Causation Instructions. People v. Sanchez (2001) 26 Cal.4th 834, 845- 849 [111 Cal.Rptr.2d 129, 29 P.3d 209]; People v. Roberts (1992) 2 Cal.4th 271, 311-322 [6 Cal.Rptr.2d 276, 826 P.2d 274]; People v. Autry (1995) 37 Cal.App.4th 351, 363 [43 Cal.Rptr.2d 135].
Instructional Duty. People v. Bernhardt (1963) 222 Cal.App.2d 567, 590-591 [35 Cal.Rptr. 401].
Natural and Probable Consequences Defined. See People v. Prettyman (1996) 14 Cal.4th 248, 291 [58 Cal.Rptr.2d 827, 926 P.2d 1013] (conc. & dis. opn. of Brown, J.).
Secondary Sources
1 Witkin & Epstein, California Criminal Law (3d ed. 2000) Elements, §§ 35-44.
1 Witkin & Epstein, California Criminal Law (3d ed. 2000) Crimes Against the Person, § 93.
4 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 85, Submission to Jury and Verdict, § 85.02[1A][a] (Matthew Bender).
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 140, Challenges to Crimes, § 140.04 (Matthew Bender).
(New January 2006)