Section 400 | CALCRIM (Jury Instructions)

the commission of either
<insert target offense> or
<insert other target offense>. The defendant is guilty of
<insert nontarget offense> if the People have proved that the
defendant aided and abetted either
<insert target offense>
or
<insert other target offense> and that
<insert nontarget offense> was the natural and probable consequence of
either
<insert target offense> or
<insert other
target offense>. However, you do not need to agree on which of these two
crimes the defendant aided and abetted.]
New January 2006; Revised June 2007, April 2010, February 2013, August 2014,
February 2015, September 2019, September 2023
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to instruct on aiding and abetting when the
prosecution relies on that theory of culpability. (People v. Beeman (1984) 35 Cal.3d
547, 560–561 [199 Cal.Rptr. 60, 674 P.2d 1318].)
The court has a sua sponte duty to identify and instruct on any target offense relied
on by the prosecution as a predicate offense when substantial evidence supports the
theory. Give all relevant instructions on the alleged target offense or offenses. The
court, however, does not have to instruct on all potential target offenses supported
by the evidence if the prosecution does not rely on those offenses. (People v.
Prettyman (1996) 14 Cal.4th 248, 267–268 [58 Cal.Rptr.2d 827, 926 P.2d 1013]; see
People v. Huynh (2002) 99 Cal.App.4th 662, 677–678 [121 Cal.Rptr.2d 340] [no sua
sponte duty to instruct on simple assault when prosecutor never asked court to
consider it as target offense].)
The target offense is the crime that the accused parties intended to commit. The
nontarget is an additional unintended crime that occurs during the commission of
the target.
Give the bracketed paragraph beginning, “Do not consider evidence of defendant’s
intoxication” when instructing on aiding and abetting liability for a nontarget
offense. (People v. Mendoza (1998) 18 Cal.4th 1114, 1134 [77 Cal.Rptr.2d 428, 959
P.2d 735].)
Related Instructions
Give CALCRIM No. 400, Aiding and Abetting: General Principles, and CALCRIM
No. 401, Aiding and Abetting: Intended Crimes, before this instruction.
This instruction should be used when the prosecution relies on the natural and
probable consequences doctrine and charges both target and nontarget crimes. If
only nontarget crimes are charged, give CALCRIM No. 403, Natural and Probable
Consequences Doctrine (Only Nontarget Offense Charged).
AIDING AND ABETTING
CALCRIM No. 402
169

New January 2006; Revised June 2007, April 2010, February 2015, September
2019, September 2023
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to instruct on aiding and abetting when the
prosecution relies on it as a theory of culpability. (People v. Beeman (1984) 35
Cal.3d 547, 560–561 [199 Cal.Rptr. 60, 674 P.2d 1318].)
The court has a sua sponte duty to identify and instruct on any target offense relied
on by the prosecution as a predicate offense when substantial evidence supports