defendant intend to kill, whether the defendant is an accomplice or the actual killer.
If the evidence raises the potential for accomplice liability and the court concludes
that the accomplice need not personally intend to kill, then the court must modify
element 5 to state that the person who caused the death intended to kill. In such
cases, the court also has a sua sponte duty give CALCRIM No. 703, Special
Circumstances: Intent Requirement for Accomplice After June 5, 1990—Felony
Murder, Pen. Code, § 190.2(a)(17).
If the facts raise an issue whether the homicidal act caused the death, the court has
asua sponte duty to give CALCRIM No. 240, Causation.
If the prosecution’s theory is that the defendant committed or attempted to commit
kidnapping, then select “committed [or attempted to commit]” in element 1 and
“intended to commit” in element 2. In addition, in the paragraph that begins with
“To decide whether,” select “the defendant” in the ﬁrst sentence. Give all
appropriate instructions on kidnapping.
If the prosecution’s theory is that the defendant aided and abetted or conspired to
commit kidnapping, select one or both of these options in element 1 and the
corresponding intent requirement in element 2. Give bracketed element 3. In
addition, in the paragraph that begins with “To decide whether,” select “the
perpetrator” in the ﬁrst sentence. Give the second and/or third bracketed sentences.
Give all appropriate instructions on kidnapping and on aiding and abetting and/or
conspiracy with this instruction.
When giving this instruction with CALCRIM No. 730, give the ﬁnal bracketed
CALCRIM No. 1200, Kidnapping: For Child Molestation.
CALCRIM No. 1201, Kidnapping: Child or Person Incapable of Consent.
CALCRIM No. 1202, Kidnapping: For Ransom, Reward, or Extortion.
CALCRIM No. 1203, Kidnapping: For Robbery, Rape, or Other Sex Offenses.
CALCRIM No. 1204, Kidnapping During Carjacking.
CALCRIM No. 1215, Kidnapping.
• Special Circumstance. Pen. Code, § 190.2(a)(17)(B), (H) & (M).
3 Witkin & Epstein, California Criminal Law (4th ed. 2012) Punishment,
4 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 87, Death
Penalty, §§ 87.13, 87.14 (Matthew Bender).
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 142,
Crimes Against the Person, §§ 142.01[b], 142.14 (Matthew Bender).
HOMICIDE CALCRIM No. 731