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SERIES 1200 KIDNAPPING

F 1204 Kidnapping: During Carjacking (PC 207(a), PC 209.5(a), (b), PC 215(a))

TABLE OF CONTENTS
F 1204.1 Titles And Identification Of Parties
F 1204.1 Inst 1 Kidnapping: During Carjacking—Title
F 1204.1 Inst 2 Identification Of Prosecution And Defendant

F 1204.2 Kidnapping: During Carjacking—Tailoring To Facts: Persons, Places, Things And Theories
F 1204.2 Inst 1 Tailoring To Facts

F 1204.3 Kidnapping: During Carjacking—Language That Is Argumentative, Confusing, Etc. [Reserved]

F 1204.4 Kidnapping: During Carjacking—Burden Of Proof Issues
F 1204.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
F 1204.4 Inst 2 Modification Of Burden Shifting Language
F 1204.4 Inst 3 Modification Of Consent Element When Prosecution Alleges Consent Was Withdrawn During The Movement

F 1204.5 Kidnapping: During Carjacking—Elements And Definitions
F 1204.5 Inst 1 Definition Of Carjacking
F 1204.5 Inst 2 Include Definition Of “Consent” In Description Of Element
F 1204.5 Inst 3 Carjacking: Separate Enumeration Of Elements
F 1204.5 Inst 4 Kidnapping: Requirement That Victim Be Alive (PC 207 & PC 209)
F 1204.5 Inst 5 Kidnapping: Definition Of “Substantial Distance” (PC 207 & PC 209)

F 1204.6 Kidnapping: During Carjacking—Defense Theories
F 1204.6 Inst 1 Consent As Defense To Kidnapping: Consent Obtained By Fraud Or Deceit

F 1204.7 Kidnapping: During Carjacking—Preliminary Fact Issues [Reserved]

F 1204.8 Kidnapping: During Carjacking—Unanimity/Duplicity/Multiplicity
F 1204.8 Inst 1 Kidnapping: Multiple Counts Not Permissible When Based On Continuous Offense

F 1204.9 Kidnapping: During Carjacking—Lesser Offense Issues [Reserved]

Return to Series 1200 Table of Contents.


F 1204.1 Titles And Identification Of Parties

F 1204.1 Inst 1 Kidnapping: During Carjacking—Title

See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.


F 1204.1 Inst 2 Identification Of Prosecution And Defendant

See generally FORECITE F 100.2 Note 1and CALCRIM Motion Bank # CCM-005 and CALCRIM Motion Bank # CCM-006.


F 1204.2Kidnapping: During Carjacking—Tailoring To Facts: Persons, Places, Things And Theories

F 1204.2 Inst 1 Tailoring To Facts

*Modify CC 1204, Elements 2 through 7, as follows [added language is underlined; deleted language is stricken]:

2. During the carjacking, the defendant took, held, or detained another person _______________ <name of alleged victim> by using force or by instilling reasonable fear;

3. The defendant moved the other person _______________ <name of alleged victim> or made that person _______________ <name of alleged victim> move a substantial distance from the vicinity of the carjacking;

4. The defendant moved or caused the other person _______________ <name of alleged victim> to move with the intent to facilitate the carjacking [or to help (himself/herself) escape/or to prevent the other person _______________ <name of alleged victim> from sounding an alarm];

5. The person moved _______________ <name of alleged victim> was not one of the carjackers;

[AND]

6. The other person _______________ <name of alleged victim> did not consent to the movement(;/)

<Give element 7 when instructing on reasonable belief in consent.>

[AND

7. The defendant did not actually and reasonably believe that the other person _______________ <name of alleged victim> consented to the movement.]

Points and Authorities

See FORECITE F 400.2 Inst 1.


F 1204.3 Kidnapping: During Carjacking—Language That Is Argumentative, Confusing, Etc.[Reserved]


F 1204.4 Kidnapping: During Carjacking—Burden Of Proof Issues

F 1204.4 Inst 1 Relating Prosecution Burden To Enumerated Elements

See FORECITE F 400.4 Inst 1.


F 1204.4 Inst 2 Modification Of Burden Shifting Language

*Modify CC 1203, paragraph 4 [Defense: Good Faith Belief in Consent], as follows [added language is underlined; deleted language is stricken]:

[The defendant is not guilty of kidnapping if (he/she) reasonably and actually believed that the other person consented to the movement. The People have the burden of proving unless the prosecution has proven beyond a reasonable doubt that the defendant did not reasonably and actually believe that the other person consented to the movement.If the People have not met this burden, you must find the defendant not guilty of this crime.]

*Modify CC 1203, paragraph 5 [Defense: Consent Given], as follows [added language is underlined; deleted language is stricken]:

[The defendant is not guilty of kidnapping if the other person consented to go with the defendant. The other person consented if (he/she) unless the prosecution has proven beyond a reasonable doubt that _______________ <name of alleged victim> did not (1) freely and voluntarily agreed to go with or be moved by the defendant, (2) was not aware of the movement, and or (3) had insufficient maturity and understanding to choose to go with the defendant. The People have the burden of proving beyond a reasonable doubt that the other person did not consent to go with the defendant. If the People have not met this burden, you must find the defendant not guilty of this crime.]

Points and Authorities

See FORECITE F 404.2 Inst 1.


F 1204.4 Inst 3 Modification Of Consent Element When Prosecution Alleges Consent Was Withdrawn During The Movement

See FORECITE F 1203.4 Inst 3.


F 1204.5 Kidnapping: During Carjacking—Elements And Definitions

F 1204.5 Inst 1Definition Of Carjacking

*Modify CC 1204, Element 1, as follows [added language is underlined; deleted language is stricken]:

1. The defendant committed a carjacking;, to prove this element the prosecution must prove beyond a reasonable doubt that:

[Insert elements of carjacking and delete paragraph 11.]

Points and Authorities

See FORECITE F 417.5 Inst 2.


F 1204.5 Inst 2 Include Definition Of “Consent” In Description Of Element

*Modify CC 1204, Element 6, as follows [added language is underlined; deleted language is stricken]:

6. The other person _______________ <name of alleged victim> did not freely and voluntarily consent to the movement(;/.)

[Delete paragraph 3.]

Points and Authorities

See FORECITE F 417.5 Inst 2.


F 1204.5 Inst 3 Carjacking: Separate Enumeration Of Elements

*Modify CC 1204, Element 2, as follows:

2. During the carjacking, the defendant took, held, or detained another person _______________ <name of alleged victim>;

3. (He/she) did so by using force or by instilling reasonable fear causing _______________ <name of alleged victim> to be actually and reasonably afraid;

[Renumber remaining elements.]

Points and Authorities

See FORECITE F 3500.2 Inst 1.


F 1204.5 Inst 4 Kidnapping: Requirement That Victim Be Alive (PC 207 & PC 209)

See FORECITE F 1200.5 Inst 1.


F 1204.5 Inst 5 Kidnapping: Definition Of “Substantial Distance” (PC 207 & PC 209)

*Modify CC 1203 as follows:

See FORECITE F 1202.5 Inst 2.


F 1204.6 Kidnapping: During Carjacking—Defense Theories

F 1204.6 Inst 1 Consent As Defense To Kidnapping: Consent Obtained By Fraud Or Deceit

See FORECITE F 1200.6 Inst 1.


F 1204.7 Kidnapping: During Carjacking—Preliminary Fact Issues [Reserved]


F 1204.8 Kidnapping: During Carjacking—Unanimity/Duplicity/Multiplicity


F 1204.8 Inst 1 Kidnapping: Multiple Counts Not Permissible When Based On Continuous Offense

See FORECITE F 1200.8 Inst 1.


F 1204.9 Kidnapping: During Carjacking—Lesser Offense Issues [Reserved]

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