SERIES 1200 KIDNAPPING
F 1241 False Imprisonment: Hostage (PC 210.5, PC 236)
TABLE OF CONTENTS
F 1241.1 Titles And Identification Of Parties
F 1241.1 Inst 1 False Imprisonment: Hostage—Title
F 1241.1 Inst 2 Identification Of Prosecution And Defendant
F 1241.2 False Imprisonment: Hostage —Tailoring To Facts: Persons, Places, Things And Theories
F 1241.2 Inst 1 Tailoring To Facts; Separate Enumeration Of Combined Elements; Deletion Of Argumentative Language
F 1241.3 False Imprisonment: Hostage —Language That Is Argumentative, Confusing, Etc. [Reserved]
F 1241.4 False Imprisonment: Hostage —Burden Of Proof Issues
F 1241.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
F 1241.5 False Imprisonment: Hostage—Elements And Definitions [Reserved]
F 1241.6 False Imprisonment: Hostage—Defense Theories [Reserved]
F 1241.7 False Imprisonment: Hostage—Preliminary Fact Issues [Reserved]
F 1241.8 False Imprisonment: Hostage—Unanimity/Duplicity/Multiplicity [Reserved]
F 1241.9 False Imprisonment: Hostage —Lesser Offense Issues [Reserved]
Return to Series 1200 Table of Contents.
F 1241.1 Titles And Identification Of Parties
F 1241.1 Inst 1 False Imprisonment: Hostage—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 1241.1 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 1241.2False Imprisonment: Hostage —Tailoring To Facts: Persons, Places, Things And Theories
F 1241.2 Inst 1 Tailoring To Facts; Separate Enumeration Of Combined Elements; Deletion Of Argumentative Language
*Modify CC 1241 as follows [added language is underlined; deleted language is stricken]:
The defendant is charged [in Count ____ ] with false imprisonment of a hostage.
To prove that the defendant is guilty of this crime, the People must prove that:
1. The defendant faced a threat or risk of imminent arrest;
2. The defendant (restrained[,]/ [or] confined[,]/ [or] detained) another person _______________ <name of alleged victim> ;
3. (He/She) did so by force or by a threat to use force;
3 4. The defendant intended to protect (himself/herself) against the threat of imminent arrest by restraining the other person _______________ <name of alleged victim>;
4 5. The defendant made the other person _______________ <name of alleged victim> stay or go somewhere against that person’s (his/her) will;
AND
6. _______________ <name of alleged victim> did not know the nature of the __________________ <e.g., restraint, confinement, detention> and freely and voluntarily agree to it.
5 7. The defendant either:
A. Substantially increased the risk of [physical or psychological] harm to the (restrained[,]/ [or] confined[,]/ [or] detained) person _______________ <name of alleged victim> or;
B. Intended to use that person (him/her) as a shield.
[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 1241.3 False Imprisonment: Hostage —Language That Is Argumentative, Confusing, Etc.[Reserved]
F 1241.4 False Imprisonment: Hostage —Burden Of Proof Issues
F 1241.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
See FORECITE F 400.4 Inst 1.
F 1241.5 False Imprisonment: Hostage—Elements And Definitions [Reserved]
F 1241.6 False Imprisonment: Hostage—Defense Theories [Reserved]
F 1241.7 False Imprisonment: Hostage—Preliminary Fact Issues [Reserved]
F 1241.8 False Imprisonment: Hostage—Unanimity/Duplicity/Multiplicity [Reserved]
F 1241.9 False Imprisonment: Hostage —Lesser Offense Issues [Reserved]
