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SERIES 400 AIDING AND ABETTING, INCHOATE, AND ACCESSORIAL CRIMES

F 403 NOTES

TABLE OF CONTENTS
F 403 Note 1 CALCRIM Cross References And Research Notes
F 403 Note 2 Natural And Probable Consequences: Objective Standard
F 403 Note 3 Instruction On Uncharged Elements Of Target Offense
F 403 Note 4 Requirement That Jury Find Target Offense To Have Been Committed
F 403 Note 5 Whether Jury Must Unanimously Agree Upon The Acts Constituting The Target Offense
F 403 Note 6 Homicide Not A Natural And Probable Consequence Of A Gang Attack
F 403 Note 7 Homicide Not A Natural And Probable Consequence Of Robbery Or Burglary
F403 Note 8 No Aider And Abettor Liability When Defendant Is Perpetrator Of “Target” Offense
F 403 Note 9 Aider And Abettor Liability: Guilt As To Target Crime
F 403 Note 10 Aider And Abettor’s Liability For Consequences: Application Of Merger (Ireland) Doctrine
F 403 Note 11 Constitutional Challenge To Natural And Probable Consequences Rule
F 403 Note 12 Killing Of Third Party Not A Natural And Probable Consequence Of Plan To Kill Another Person
F 403 Note 13 Foreseeability Rule Inapplicable To Felony Murder
F 403 Note 14 Aiding And Abetting Liability Where The Target Offense Consists Of The Same Act As The Actual Offense
F 403 Note 15 Aiding And Abetting: Consideration Of All Circumstances
F 403 Note 16 Natural And Probable Consequences Sua Sponte Instruction On Target Offense
F 403 Note 17 Natural And Probable Consequence: Requirement Of “Close Connection” Between Target Crime And Charged Crime
F 403 Note 18 Relevance Of Intoxication To Natural And Probable Consequences
F 403 Note 19 Natural And Probable Consequences Must Not Be Based On Target Offense In Abstract
F 403 Note 20 Assault With Force Likely To Produce Great Bodily Injury Is Not A Natural And Probable Consequence Of Simple Battery
F 403 Note 21 Natural And Probable Consequences: Applicability To Specific Intent Offenses
F 403 Note 22 Reliance On Natural And Probable Consequences Doctrine Precludes Consecutive Sentencing For Both The Target And Resulting Offenses
F 403 Note 23 No Murder Liability For Aiding And Abetting Misdemeanor

Return to Series 400 Table of Contents.


F 403 Note 1 Natural and Probable Consequences (Only Non-Target Offense Charged)—CALCRIM Cross-References And Research Notes

Cross-References:

CALCRIM 400 [Aiding and Abetting: General Principles]
CALCRIM 401 [Aiding And Abetting: Intended Crimes
—Elements]
CALCRIM 402 [F 402 Natural And Probable Consequences Doctrine (Target And Non-Target Offenses Charged)]
CALCRIM 404 [Intoxication]

Research Notes: See CLARAWEB Forum, Core Set Warnings.


F 403 Note 2 Natural and Probable Consequences: Objective Standard

See FORECITE F 3.02 n2.


F 403 Note 3 Instruction On Uncharged Elements Of Target Offense

See FORECITE F 3.02 n3.


F 403 Note 4 Requirement That Jury Find Target Offense To Have Been Committed

See FORECITE F 3.02 n4.


F 403 Note 5 Whether Jury Must Unanimously Agree Upon The Acts Constituting The Target Offense

See FORECITE F 402 Note 5.


F 403 Note 6 Homicide Not A Natural And Probable Consequence Of A Gang Attack

See FORECITE F 402 Note 6.


F 403 Note 7 Homicide Not A Natural And Probable Consequence Of Robbery Or Burglary

See FORECITE F 402 Note 7.


F 403 Note 8 No Aider And Abettor Liability When Defendant Is Perpetrator Of “Target“ Offense

See FORECITE F 402 Note 8.


F 403 Note 9 Aider And Abettor Liability: Guilt As To Target Crime

See FORECITE F 402 Note 9.


F 403 Note 10 Aider And Abettor’s Liability For Consequences: Application Of Merger (Ireland) Doctrine

See FORECITE F 402 Note 10.


F 403 Note 11 Constitutional Challenge To Natural And Probable Consequences Rule

See FORECITE F 402 Note 11.


F 403 Note 12 Killing Of Third Party Not A Natural And Probable Consequence Of Plan To Kill Another Person

See FORECITE F 402 Note 12.


F 403 Note 13 Foreseeability Rule Inapplicable To Felony Murder

See FORECITE F 402 Note 13.


F 403 Note 14 Aiding And Abetting Liability Where The Target Offense Consists Of The Same Act As The Actual Offense

See FORECITE F 402 Note 14.


F 403 Note 15 Aiding And Abetting: Consideration Of All Circumstances

See FORECITE F 402 Note 15.


F 403 Note 16 Natural and Probable Consequences Sua Sponte Instruction on Target Offense

See FORECITE F 402 Note 16.


F 403 Note 17 Natural and Probable Consequence: Requirement Of “Close Connection“ Between Target Crime And Charged Crime

See FORECITE F 402 Note 17.


F 403 Note 18 Relevance Of Intoxication To Natural And Probable Consequences

See FORECITE F 402 Note 18.


F 403 Note 19 Natural And Probable Consequences Must Not Be Based On Target Offense In Abstract

See FORECITE F 402 Note 19.


F 403 Note 20 Assault With Force Likely To Produce Great Bodily Injury Is Not A Natural And Probable Consequence Of Simple Battery

See FORECITE F 402 Note 20.


F 403 Note 21 Natural And Probable Consequences: Applicability To Specific Intent Offenses

See FORECITE F 402 Note 21.


F 403 Note 22 Reliance On Natural And Probable Consequences Doctrine Precludes Consecutive Sentencing For Both The Target And Resulting Offenses

See FORECITE F 402 Note 22.


F 403 Note 23 No Murder Liability For Aiding And Abetting Misdemeanor

See FORECITE F 3.02 n1.

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