her clear reasoning and judgment, then the attempted murder is not
reduced to attempted voluntary manslaughter on this basis.]
The People have the burden of proving beyond a reasonable doubt that
the defendant attempted to kill someone and was not acting as a result
of a sudden quarrel or in the heat of passion. If the People have not met
this burden, you must ﬁnd the defendant not guilty of attempted
New January 2006; Revised August 2009, April 2010, April 2011, August 2015
The court has a sua sponte duty to instruct on attempted voluntary manslaughter on
either theory, heat of passion or imperfect self-defense, when evidence of either is
“substantial enough to merit consideration” by the jury. (See People v. Breverman
(1998) 19 Cal.4th 142, 153–163 [77 Cal.Rptr.2d 870, 960 P.2d 1094] [discussing
charge of completed murder]; People v. Barton (1995) 12 Cal.4th 186, 201 [47
Cal.Rptr.2d 569, 906 P.2d 531] [same].)
If the victim’s gender identity or sexual orientation raises speciﬁc issues concerning
whether provocation was objectively reasonable, give an instruction tailored to
those issues on request. (Pen. Code, § 192(f), amended effective January 1, 2015.)
CALCRIM No. 511, Excusable Homicide: Accident in the Heat of Passion.
CALCRIM No. 570, Voluntary Manslaughter: Heat of Passion—Lesser Included
CALCRIM No. 604, Attempted Voluntary Manslaughter: Imperfect Self-
Defense—Lesser Included Offense.
• Attempt Deﬁned Pen. Code, §§ 21a, 664.
•Manslaughter Deﬁned Pen. Code, § 192.
• Attempted Voluntary Manslaughter People v. Van Ronk (1985) 171 Cal.App.3d
818, 824–825 [217 Cal.Rptr. 581]; People v. Williams (1980) 102 Cal.App.3d
1018, 1024–1026 [162 Cal.Rptr. 748].
• Gender Identity and Sexual Orientation Not Proper Basis for Finding
Provocation Objectively Reasonable Pen. Code, § 192(f), amended effective
January 1, 2015.
1 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against the
Person § 224.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 141,
CALCRIM No. 603 HOMICIDE