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SERIES 2100 VEHICLE OFFENSES

F 2180 Evading Peace Officer: Death Or Serious Bodily Injury (VC 2800.3, 2800.1(a))

TABLE OF CONTENTS
F 2180.1 Titles And Identification Of Parties
F 2180.1 Inst 1 Evading Peace Officer: Death Or Serious Bodily Injury—Title
F 2180.1 Inst 2
Identification Of Prosecution And Defendant

F 2180.2 Evading Peace Officer: Death Or Serious Bodily Injury—Tailoring To Facts: Persons, Places, Things And Theories
F 2180.2 Inst 1 Separate Enumeration Of Combined Elements; Tailoring To Facts

F 2180.3 Evading Peace Officer: Death Or Serious Bodily Injury—Language That Is Argumentative, Confusing, Etc.
F 2180.3 Inst 1 Willfully: Argumentative

F 2180.4 Evading Peace Officer: Death Or Serious Bodily Injury—Burden Of Proof Issues
F 2180.4 Inst 1 Relating Prosecution Burden To Enumerated Elements

F 2180.5 Evading Peace Officer: Death Or Serious Bodily Injury—Elements And Definitions
F 2180.5 Inst 1 Willfully: Knowledge
F 2180.5 Inst 2 Incorporate Definition Of Causation Into Enumerated Elements

F 2180.6 Evading Peace Officer: Death Or Serious Bodily Injury—Defense Theories
F 2180.6 Inst 1 Willfully: Balance

F 2180.7 Evading Peace Officer: Death Or Serious Bodily Injury—Preliminary Fact Issues [Reserved]

F 2180.8 Evading Peace Officer: Death Or Serious Bodily Injury—Unanimity/Duplicity/Multiplicity [Reserved]

F 2180.9 Evading Peace Officer: Death Or Serious Bodily Injury—Lesser Offense Issues [Reserved]

F 2180 Notes
F 2180 Note 1 Evading Peace Officer: Death Or Serious Bodily Injury—CALCRIM Cross-References And Research Notes
F 2180 Note 2 Evading Police Officer Requires Specific Intent

Return to Series 2100 Table of Contents.


F 2180.1 Titles And Identification Of Parties

F 2180.1 Inst 1 Evading Peace Officer: Death Or Serious Bodily Injury—Title

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


F 2180.1 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 2180.2Evading Peace Officer: Death Or Serious Bodily Injury—Tailoring To Facts: Persons, Places, Things And Theories

F 2180.2 Inst 1 Separate Enumeration Of Combined Elements; Tailoring To Facts

*Modify CC 2180, Elements, as follows [added language is underlined; deleted language is stricken]:

1. A peace officer _______________ <name of peace officer> in a vehicle was pursuing the defendant, who was also driving a vehicle;

2. _______________ <name of peace officer> was a peace officer;

2 3. The defendant intended to evade the peace officer;

3 4. While driving, the defendant willfully fled from, or tried to elude, the pursuing peace officer;

5. The defendant did so willfully;

4 6. The defendant’s attempt to flee from, or elude, the pursuing peace officer caused (the death of/ [or] serious bodily injury to) someone else _______________ <name of alleged victim>;

AND

5 7. All of the following were true:

…

Points and Authorities

Tailor To Facts—See FORECITE F 400.2 Inst 1.

Separate Enumeration—See FORECITE F 840.5 Inst 3; F 3500.2 Inst 2.


F 2180.3 Evading Peace Officer: Death Or Serious Bodily Injury—Language That Is Argumentative, Confusing, Etc.

F 2180.3 Inst 1 Willfully: Argumentative

Re: CC 2180, paragraph 5, see FORECITE F 820.3 Inst 1.


F 2180.4 Evading Peace Officer: Death Or Serious Bodily Injury—Burden Of Proof Issues

F 2180.4 Inst 1 Relating Prosecution Burden To Enumerated Elements

See FORECITE F 400.4 Inst 1.


F 2180.5 Evading Peace Officer: Death Or Serious Bodily Injury—Elements And Definitions

F 2180.5 Inst 1 Willfully: Knowledge

Re: CC 2180, paragraph 5, see FORECITE F 820.5 Inst 1.


F 2180.5 Inst 2Incorporate Definition Of Causation Into Enumerated Elements

See FORECITE F 1551.5 Inst 7.


F 2180.6 Evading Peace Officer: Death Or Serious Bodily Injury—Defense Theories

F 2180.6 Inst 1 Willfully: Balance

See FORECITE F 820.3 Inst 2.


F 2180.7 Evading Peace Officer: Death Or Serious Bodily Injury—Preliminary Fact Issues[Reserved]


F 2180.8 Evading Peace Officer: Death Or Serious Bodily Injury—Unanimity/Duplicity/Multiplicity[Reserved]


F 2180.9 Evading Peace Officer: Death Or Serious Bodily Injury—Lesser Offense Issues [Reserved]


F 2180 NOTES

F 2180 Note 1 Evading Peace Officer: Death Or Serious Bodily Injury—CALCRIM Cross-References And Research Notes

CALCRIM Cross-References:

CALCRIM 2181 [Evading Peace Officer: Reckless Driving]
CALCRIM 2182 [Evading Peace Officer: Misdemeanor]

Research Notes:

See CLARAWEB Forum, Vehicle Offenses—Series 2100.


F 2180 Note 2 Evading Police Officer Requires Specific Intent

The CC 2180 Bench Notes do not include any reference to the intent required for evading a police officer. However, the notes do advise that voluntary intoxication may negate the intent element of the charge. (See reference to CC 3426.) This confirms that evading an officer is a specific intent crime.

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