Section 507 | CALCRIM (Jury Instructions)

and apparent intent to immediately cause death or serious bodily injury
to the peace officer or to another person. An imminent harm is not
merely a fear of future harm, no matter how great the fear and no
matter how great the likelihood of the harm, but is one that, from
appearances, must be instantly confronted and addressed.]
[Totality of the circumstances means all facts known to the defendant at
the time, including the conduct of the defendant and
<insert
name of decedent> leading up to the use of deadly force.]
[Deadly force means any use of force that creates a substantial risk of
causing death or serious bodily injury. Deadly force includes, but is not
limited to, the discharge of a firearm.]
[A peace officer who makes or attempts to make an arrest need not
retreat or stop because the person being arrested is resisting or
threatening to resist. A peace officer does not lose (his/her) right to self-
defense by using objectively reasonable force to arrest or to prevent
escape or to overcome resistance.]
[A person who is employed as a police officer by
<insert
name of agency that employs police offıcer> is a peace officer.]
[A person employed by
<insert name of agency that employs
peace offıcer, e.g., “the Department of Fish and Wildlife”> is a peace officer
if
<insert description of facts necessary to make employee a
peace offıcer, e.g, “designated by the director of the agency as a peace
offıcer”>.]
The People have the burden of proving beyond a reasonable doubt that
the [attempted] killing was not justified. If the People have not met this
burden, you must find the defendant not guilty of [attempted] (murder/
[or] manslaughter).
New January 2006; Revised April 2011, February 2012, August 2012, April 2020,
September 2022
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to instruct on justifiable homicide when “it appears
that the defendant is relying on such a defense, or if there is substantial evidence
supportive of such a defense and the defense is not inconsistent with the defendant’s
theory of the case.” (See People v. Breverman (1998) 19 Cal.4th 142, 156 [77
Cal.Rptr.2d 870, 960 P.2d 1094] [addressing sua sponte duty to instruct on self-
defense].)
Penal Code sections 196 and 835a, as amended by Statutes 2019, ch.170 (A.B. 392),
became effective on January 1, 2020. If the defendant’s act occurred before this
HOMICIDE
CALCRIM No. 507
233

Submission to Jury and Verdict, § 85.04[1][c] (Matthew Bender).
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 142, Crimes
Against the Person, § 142.01[1][b] (Matthew Bender).
HOMICIDE
CALCRIM No. 507
235

with People v. Quinonez (2020) 46 Cal.App.5th 457, 466 [260 Cal.Rptr.3d 86]
[upholding instructions containing great bodily injury definition as written].)
Related Instructions
CALCRIM No. 507, Justifiable Homicide: By Public Offıcer.
CALCRIM No. 509, Justifiable Homicide: Non-Peace Offıcer Preserving the Peace.
AUTHORITY
•
Justifiable Homicide to Preserve the Peace. Pe