California, United States of America
The following excerpt is from People v. Windfield, 208 Cal.Rptr.3d 47, 3 Cal.App.5th 739 (Cal. App. 2016):
and (2) the attempted murder victims were within that zone of harm.... [It] recognizes that the defendant acted with the specific intent to kill anyone in the zone of harm with the objective of killing a specific person.... [It] imposes attempted murder liability where the defendant intentionally created a kill zone in order to ensure the defendant's primary objective of killing a specific person ... despite the recognition, or with the acceptance of the fact, that a natural and probable consequence of that act would be that anyone within that zone could or would die ." In People v. Campos (2007) 156 Cal.App.4th 1228, 1243, 67 Cal.Rptr.3d 904, the appellate court held, "[The kill zone theory] ... is simply a reasonable inference the jury may draw in a given case...."
Kill zone victims can include those not seen by the defendant or of which the defendant is unaware. (Adams , supra , 169 Cal.App.4th at p. 1023, 86 Cal.Rptr.3d 915; People v. Vang (2001) 87 Cal.App.4th 554, 564, 104 Cal.Rptr.2d 704(Vang ), cited with approval in Bland , supra , 28 Cal.4th at p. 330, 121 Cal.Rptr.2d 546, 48 P.3d 1107.)
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