Section 521 | CALCRIM (Jury Instructions)

3. The acts causing death involved a high degree of probability of
death;
AND
4. The torture was a cause of death.]
[A person commits an act willfully when he or she does it willingly or on
purpose. A person commits an act deliberately if he or she carefully
weighs the considerations for and against his or her choice and, knowing
the consequences, decides to act. A person commits an act with
premeditation if (he/she) decided to inflict extreme and prolonged pain on
a person before completing the act[s] that caused death.]
[There is no requirement that the person killed be aware of the pain.]
[A finding of torture does not require that the defendant intended to
kill.]
<C. Lying in Wait>
[The defendant is guilty of first degree murder if the People have proved
that the defendant committed murder while lying in wait or immediately
thereafter. The defendant committed murder by lying in wait if:
1. (He/She) concealed (his/her) purpose from the person killed;
2. (He/She) waited and watched for an opportunity to act;
AND
3. Then, from a position of advantage, (he/she) intended to and did
make a surprise attack on the person killed.
The lying in wait does not need to continue for any particular period of
time, but its duration must be substantial enough to show a state of
mind equivalent to deliberation or premeditation. [Deliberation means
carefully weighing the considerations for and against a choice and,
knowing the consequences, deciding to act. An act is done with
premeditation if the decision to commit the act is made before the act is
done.]
[A person can conceal his or her purpose even if the person killed is
aware of the person’s physical presence.]
[The concealment can be accomplished by ambush or some other secret
plan.]]
<D. Destructive Device or Explosive>
[The defendant is guilty of first degree murder if the People have proved
that the defendant committed murder by using a destructive device or
explosive.]
HOMICIDE
CALCRIM No. 521
255

[An explosive is any substance, or combination of substances, (1) whose
main or common purpose is to detonate or rapidly combust and (2)
which is capable of a relatively instantaneous or rapid release of gas and
heat.]
[An explosive is [also] any substance whose main purpose is to be
combined with other substances to create a new substance that can
release gas and heat rapidly or relatively instantaneously.]
[
<insert type of explosive from Health & Saf. Code, § 12000>
is an explosive.]
[A destructive device is
<insert definition supported by
evidence from Pen. Code, § 16460>.]
[
<insert type of destructive device from Pen. Code, § 16460>
is a destructive device.]
<E. Weapon of Mass Destruction>
[The defendant is guilty of first degree murder if the People have proved
that the defendant committed murder by using a weapon of mass
destruction.]
[
<insert type of weapon from Pen. Code, § 11417(a)(1)> is a
weapon of mass destruction.]
[
<insert type of agent from Pen. Code, § 11417(a)(2)> is a
chemical warfare agent.]