3.6(l). Independent Act

3.6(l) INDEPENDENT ACT If you find that the crime alleged was committed, an issue in this case is whether the crime of [crime alleged] was an independent act of a person other than me of defendant]. An independent act occurs when a person other than [name of defendant] commits or attempts to commit a crime 1. which [name of defendant] did not intend to occur, and 2. in which [name of defendant did not participate, and ] 3. which was outside of and not a reasonably foreseeable consequence of the common design or unlawful act contemplated by [name of defendant]. If you find [name of defendant] was not present when the crime of [crime alleged] occurred, that does not, in and of itself, establish that the [crime alleged] was an independent act of another. If you find that the [crime alleged] was an independent act of e of individual]], then you should find [name of defendant] not guilty of the crime ofme [crime . NOTE TO JUDGE: If the name of the other person is known, it should be inserted herein; otherwise, use the word another.