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.]”