Depending on which theories are relied on by the prosecution, the court should
then instruct as follows.
Intended Crimes (Target Crimes)
If the prosecution’s theory is that the defendant intended to aid and abet the crime
or crimes charged (target crimes), give CALCRIM No. 401, Aiding and Abetting:
Natural & Probable Consequences Doctrine (Non-Target Crimes)
If the prosecution’s theory is that any of the crimes charged were committed as a
natural and probable consequence of the target crime, CALCRIM No. 402 or 403
should also be given. If both the target and non-target crimes are charged, give
CALCRIM No. 402, Natural and Probable Consequences Doctrine (Target and
Non-Target Offenses Charged). In some cases, the prosecution may not charge the
target crime but only the non-target crime. In that case, give CALCRIM No. 403,
Natural and Probable Consequences (Only Non-Target Offense Charged).
• Aiding and Abetting Deﬁned. People v. Beeman (1984) 35 Cal.3d 547,
560–561 [199 Cal.Rptr. 60, 674 P.2d 1318].
• Murder Not Complete Until Victim Dies. People v. Celis (2006) 141
Cal.App.4th 466, 471–474 [46 Cal.Rptr.3d 139].
1 Witkin & Epstein, California Criminal Law (3d ed. 2000) Introduction to Crimes,
4 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 85,
Submission to Jury and Verdict, § 85.03[d] (Matthew Bender).
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 140,
Challenges to Crimes, § 140.10 (Matthew Bender).
CALCRIM No. 400 AIDING AND ABETTING