The defendant is not guilty of (murder/ [or] manslaughter) if (he/she) killed someone:

1. By accident and misfortune; OR

1. If the defendant was doing a lawful act in a lawful way;
2. The defendant was acting with usual and ordinary caution;

AND

3. The defendant was acting without an unlawful intent to commit (murder/ [or] manslaughter).

A person acts with usual and ordinary caution if he or she acts in a way that a reasonably careful person would act in the same or similar situation.

The People have the burden of proving beyond a reasonable doubt that the killing was not excused. If the People have not met this burden, you must find the defendant not guilty of (murder/ [or] manslaughter).

New January 2006; Revised August 2012, March 2022