To prove that this special circumstance is true, the People must prove that:

1.                              <insert offıcer’s name, excluding title> was a
(peace officer/federal law enforcement officer/firefighter) [lawfully performing (his/her) duties as a (peace officer/ federal law enforcement officer/firefighter)];

2.      The defendant intended to kill_____________ <insert offıcer’s
name, excluding title>;

AND

<Alternative 3A—killing during performance of duties>

[3. When_____________ <insert offıcer’s name, excluding title>

was killed, the defendant knew, or reasonably should have known, that <insert offıcer’s name, excluding title> was a (peace officer/federal law enforcement officer/ firefighter) who was performing (his/her) duties.]

<Alternative 3B—killing in retaliation>

[3. _____________ <insert offıcer’s name, excluding title> was

killed in retaliation for the performance of (his/her) official duties.]

[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 Game”> is a peace officer if <insert description offacts necessary to make employee a peace offıcer , e.g., “designated by the director of the agency as a peace offıcer”>.]

[The duties of (a/an)_________________ <insert title of peace offıcer>