15.2502A. First-Degree Murder

1. The defendant has been charged with the offense of first-degree murder. First-degree murder is a murder in which the perpetrator has the specific intent to kill. To find the defendant guilty of this offense, you must find that the following three elements have been proven beyond a reasonable doubt:
First, that [name of victim] is dead;
Second, that the defendant killed [him] [her]; and
Third, that the defendant did so with the specific intent to kill and with malice.
2. A person has the specific intent to kill if he or she has a fully formed intent to kill and is conscious of his or her own intention. As my earlier definition of malice indicates, a killing by a person who has the specific intent to kill is a killing with malice [provided that it is also without [[[[circumstances reducing the killing to voluntary manslaughter] [or] [any lawful justification or excuse]].
[3. Stated differently, a killing is with specific intent to kill if it is [[[[willful, deliberate, and premeditated] [by means of poison] [by lying in wait].]
[4. The specific intent to kill [including the premeditation] needed for first-degree murder does not require planning or previous thought or any particular length of time. It can occur quickly. All that is necessary is that there be time enough so that the defendant can and does fully form an intent to kill and is conscious of that intention.]
5. When deciding whether the defendant had the specific intent to kill, you should consider all the evidence regarding [his] [her] words and conduct and the attending circumstances that may show [his] [her] state of mind, including [[[[evidence]. [If you believe that the defendant intentionally used a deadly weapon on a vital part of the victim’s body, you may regard that as an item of circumstantial evidence from which you may, if you choose, infer that the defendant had the specific intent to kill.]

Summary of Elements of Offense:

1. Victim is dead.

2. Defendant killed the victim.

3. Defendant killed the victim with:

(a) the specific intent to kill

and

(b) malice.