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

1.    (The defendant/________ <insert name or description of
principal if not defendant>) shot a firearm from a motor vehicle, killing            <insert name of decedent>;

2.    (The defendant/__________ <insert name or description of
principal if not defendant>) intentionally shot at a person who was outside the vehicle;

AND

3.    At the time of the shooting, the defendant intended to kill.

[A firearm is any device designed to be used as a weapon, from which a projectile is discharged or expelled through a barrel by the force of an explosion or other form of combustion.]

[A motor vehicle includes (a/an) (passenger

vehicle/motorcycle/motor scooter/bus/school bus/commercial vehicle/truck tractor and trailer/ <insert other type of
motor vehicle>).]

[The terms (firearm/ [and] motor vehicle) (is/are) defined elsewhere in another instruction to which you should refer.]