SERIES 1200 KIDNAPPING
F 1240 Felony False Imprisonment (PC 236, PC 237)
TABLE OF CONTENTS
F 1240.1 Titles And Identification Of Parties
F 1240.1 Inst 1 Felony False Imprisonment—Title
F 1240.1 Inst 2 Identification Of Prosecution And Defendant
F 1240.2 Felony False Imprisonment—Tailoring To Facts: Persons, Places, Things And Theories
F 1240.2 Inst 1 Tailoring To Facts; Separate Enumeration Of Combined Elements; Deletion Of Argumentative Language
F 1240.3 Felony False Imprisonment—Language That Is Argumentative, Confusing, Etc. [Reserved]
F 1240.4 Felony False Imprisonment—Burden Of Proof Issues
F 1240.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
F 1240.5 Felony False Imprisonment—Elements And Definitions [Reserved]
F 1240.6 Felony False Imprisonment—Defense Theories [Reserved]
F 1240.7 Felony False Imprisonment—Preliminary Fact Issues [Reserved]
F 1240.8 Felony False Imprisonment—Unanimity/Duplicity/Multiplicity [Reserved]
F 1240.9 Felony False Imprisonment—Lesser Offense Issues [Reserved]
Return to Series 1200 Table of Contents.
F 1240.1 Titles And Identification Of Parties
F 1240.1 Inst 1 Felony False Imprisonment—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 1240.1 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 1240.2Felony False Imprisonment—Tailoring To Facts: Persons, Places, Things And Theories
F 1240.2 Inst 1 Tailoring To Facts; Separate Enumeration Of Combined Elements; Deletion Of Argumentative Language
*Modify CC 1240 as follows [added language is underlined; deleted language is stricken]:
The defendant is charged [in Count ___ ] with false imprisonment by violence or menace.
To prove that the defendant is guilty of this crime, the People must prove that:
1. The defendant intentionally [and unlawfully] (restrained[,]/[or] confined[,]/ [or] detained) someone _______________ <name of alleged victim> [or caused that person to be (restrained[,]/ [or] confined[,]/ [or] detained)] by violence or menace;:
A. using physical force that is greater than the force reasonably necessary to restrain (him/her);
[OR]
B. Using an express or implied threat of harm [including use of a deadly weapon];
AND
2. The defendant made the other person _______________ <name of alleged victim> stay or go somewhere against that [his/her] will.
AND
3. _______________ <name of alleged victim> did not know the nature of the __________________ <e.g., restraint, confinement, detention> and freely and voluntarily agree to it.
Violence means using physical force that is greater than the force reasonably necessary to restrain someone.
Menace means a verbal or physical threat of harm[, including use of a deadly weapon]. The threat of harm may be express or implied.
[An act is done against a person’s will if that person does not consent to the act. In order to consent, a person must act freely and voluntarily and know the nature of the act.]
[False imprisonment does not require that the person restrained be confined in jail or prison.]
Points and Authorities
Tailoring—See FORECITE F 400.2 Inst 1.
Separate Enumeration—See FORECITE F 3500.2 Inst 1.
Argumentative Language—See FORECITE F 416.3 Inst 4.
F 1240.3 Felony False Imprisonment—Language That Is Argumentative, Confusing, Etc.[Reserved]
F 1240.4 Felony False Imprisonment—Burden Of Proof Issues
F 1240.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
See FORECITE F 400.4 Inst 1.
F 1240.5 Felony False Imprisonment—Elements And Definitions [Reserved]
F 1240.6 Felony False Imprisonment—Defense Theories [Reserved]
F 1240.7 Felony False Imprisonment—Preliminary Fact Issues [Reserved]
F 1240.8 Felony False Imprisonment—Unanimity/Duplicity/Multiplicity [Reserved]
F 1240.9 Felony False Imprisonment—Lesser Offense Issues [Reserved]