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

1.      The defendant intentionally killed_____________ <insert
name of decedent>;

AND

2.      The defendant committed the murder by means of lying in wait.

A person commits a murder by means of lying in wait if:

1.              He or she concealed his or her purpose from the person killed;

2.              He or she waited and watched for an opportunity to act;

3.              Then he or she made a surprise attack on the person killed from a position of advantage;

AND

4.              He or she intended to kill the person by taking the person by surprise.

The lying in wait does not need to continue for any particular period of time, but its duration must be substantial and must show a state of mind equivalent to deliberation or premeditation.

The defendant acted deliberately if (he/she) carefully weighed the considerations for and against (his/her) choice and, knowing the consequences, decided to kill. The defendant acted with premeditation if (he/she) decided to kill before committing the act that caused death.

[A person can conceal his or her purpose even if the person killed is aware of the other person’s physical presence.]