SERIES 2700 CRIMES AGAINST GOVERNMENT—ESCAPE
F 2760 Escape (PC 4532(a)(1) & (b)(1))
TABLE OF CONTENTS
F 2762 Note 1 Escape After Remand Or Arrest—CALCRIM Cross-References And Research Notes
F 2762 Note 2 Escape: Lawful Custody As A Legal Question (PC 4532)
F 2762 Note 3 Escape: Group Home Excluded
Return to Series 2700 Table of Contents.
F 2762 Note 1 Escape After Remand Or Arrest—CALCRIM Cross-References And Research Notes
CALCRIM Cross-References:
CALCRIM 2760 [Escape]
CALCRIM 2761 [Escape By Force Or Violence]
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 2762 Note 2 Escape: Lawful Custody As A Legal Question (PC 4532)
If an issue arises concerning whether or not the prisoner was in custody when he “escaped,” it will have to be determined whether or not to submit this issue to the jury. While there appears to be no California law addressing this issue, the 9th Circuit has held that whether the defendant was in custody is a legal question which need not be submitted to the jury in the absence of a factual dispute regarding the circumstances relating to the custody. (U.S. v. Keller (9th Cir. 1990) 912 F2d 1058, 1061; see also PC 836.6 [escape from custody of a “sheriff, marshal or other police agency”].)
CALJIC NOTE: See FORECITE F 7.30 n1.
F 2762 Note 3 Escape: Group Home Excluded
See FORECITE F 2760 Note 14.