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SERIES 1200 KIDNAPPING

F 1226 Defense To Kidnapping: Citizen’s Arrest (PC 207(f)(2), PC 834, PC 837)

TABLE OF CONTENTS
F 1226.1 Titles And Identification Of Parties
F 1226.1 Inst 1 Defense To Kidnapping: Citizen’s Arrest—Title
F 1226.1 Inst 2 Identification Of Prosecution And Defendant

F 1226.2 Defense To Kidnapping: Citizen’s Arrest—Tailoring To Facts: Persons, Places, Things And Theories
F 1226.2 Inst 1 Modification Of Burden Shifting Language; Tailoring To Facts

F 1226 Notes
F 1226 Note 1 Defense To Kidnapping: Citizen’s Arrest — CALCRIM Cross-References And Research Notes
F 1226 Note 2 Authority Correction
F 1226 Note 3 Physical Proximity To Crime Not Necessary To Justify Citizen Arrest

Return to Series 1200 Table of Contents.


F 1226.1 Titles And Identification Of Parties

F 1226.1 Inst 1 Defense To Kidnapping: Citizen’s Arrest—Title

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


F 1226.1 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 1226.2Defense To Kidnapping: Citizen’s Arrest—Tailoring To Facts: Persons, Places, Things And Theories

F 1226.2 Inst 1 Modification Of Burden Shifting Language; Tailoring To Facts

*Modify CC 1226 as follows [added language is underlined; deleted language is stricken]:

The defendant is not guilty of kidnapping if unless the prosecution has proven beyond a reasonable doubt that (he/she) was not making a lawful citizen’s arrest. The defendant was making a lawful citizen’s arrest if (he/she) acted because:

<Alternative A—person actually committed felony.>

[The person arrested _______________ <name of person arrested> committed ______________<insert specific felony>(;/.)]

[OR]

<Alternative B—reasonable cause to believe person committed felony.>

[______________ <Insert specific felony> had been committed, and the defendant had reasonable cause to believe the person arrested _______________ <name of person arrested> committed it(;/.)]

[OR]

<Alternative C—person committed misdemeanor in defendant’s presence.>

[The person arrested _______________ <name of person arrested> committed or attempted to commit ___________<insert specific misdemeanor or infraction> in the defendant’s presence.]

[Someone has reasonable cause if he or she knows facts that would persuade someone of reasonable caution that the person to be arrested has committed a crime.]

The People have the burden of proving beyond a reasonable doubt that the defendant was not making a lawful citizen’s arrest. If you have a reasonable doubt whether the People have not met this burden, you must find the defendant not guilty of kidnapping.

Points and Authorities

Tailoring—See FORECITE F 820.2 Inst 1.

Burden Shifting—See FORECITE F 404.2 Inst 1.


F 1226 NOTES

F 1226 Note 1 Defense To Kidnapping: Citizen’s Arrest — CALCRIM Cross-References And Research Notes

CALCRIM Cross-References:

CALCRIM 1225 [Defense to Kidnapping: Protecting Child From Imminent Harm]

Research Notes:

See CLARAWEB Forum, Kidnapping—Series 1200.


F 1226 Note 2 Authority Correction

The CALCRIM Authority cited for CALCRIM 1226 cites PC 207(e)(2). The correct authority is PC 207(f)(2).


F 1226 Note 3 Physical Proximity To Crime Not Necessary To Justify Citizen Arrest

See People v. Lee (1984) 157 CA3d Supp 9, 12 [“Neither physical proximity nor sight is essential.]”

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