SERIES 2700 CRIMES AGAINST GOVERNMENT—ESCAPE
F 2761 Notes
TABLE OF CONTENTS
F 2761 Note 1 Escape by Force Or Violence—CALCRIM Cross References And Research Notes
F 2761 Note 2 Escape: Definition of “Force and Violence” (PC 4532)
F 2761 Note 3 Escape: Group Home Excluded
F 2761 Note 4 Objective Standard Applies To Reasonable Belief Re: Arrest
Return to Series 2700 Table of Contents.
F 2761 Note 1 Escape by Force Or Violence—CALCRIM Cross-References And Research Notes
CALCRIM Cross-References:
CALCRIM 2760 [Escape]
CALCRIM 2762 [Escape After Remand Or Arrest]
CALCRIM 2763 [Escape After Remand Or Arrest: Force Or Violence]
CALCRIM 2764 [Escape: Necessity Defense]
Research Notes:
See CLARAWEB Forum, Series 2600 Crimes Against Government.
F 2761 Note 2 Escape: Definition of “Force and Violence” (PC 4532)
CALJIC’s definition of “force and violence” includes “any wrongful application of physical force against property….” This definition is founded upon People v. Lozano (1987) 192 CA3d 618, 626-28. However, Lozano failed to express an opinion as to the amount of force which must be applied against property. (Ibid.) Given the fact that even nonviolent escapes may involve the application of some physical force to property (e.g. opening an unlocked door, cutting a wire fence, etc.), it would seem that in the case of property, the application of physical force above and beyond that necessary to effect the escape should be necessary in order to warrant liability under the statute. (See People v. Pahl (1991) 226 CA3d 1651, 1656-62 [“unlawful restraint” per PC 243.4 requires application of force beyond the physical effort necessary to commit the prohibited sexual act].)
See also FORECITE F 2761.5 Inst 6.
CALJIC NOTE: See FORECITE F 7.30 n3.
F 2761 Note 3 Escape: Group Home Excluded
See FORECITE F 2760 Note 14.
F 2761 Note 4 Objective Standard Applies To Reasonable Belief Re: Arrest
See FORECITE F 2760 Note 15.