SERIES 2700 CRIMES AGAINST GOVERNMENT—ESCAPE
F 2760 Escape (PC 4532(a)(1) & (b)(1))
TABLE OF CONTENTS
F 2760.1 Titles And Identification Of Parties
F 2760.1 Inst 1 Escape—Title
F 2760.1 Inst 2 Identification Of Prosecution And Defendant
F 2760.2 Escape—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
F 2760.3 Escape—Language That Is Argumentative, Confusing, Etc.
F 2760.3 Inst 1 Deletion Of Argumentative Language
F 2760.4 Escape—Burden Of Proof Issues
F 2760.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
F 2760.5 Escape—Elements And Definitions
F 2760.5 Inst 1 Separate Enumeration Of Combined Elements
F 2760.5 Inst 2 Incorporation Of Definitional Elements Of Escape Into Enumerated Elements
F 2760.5 Inst 3 Incorporation Of Lawful Custody Elements In Enumerated Elements
F 2760.5 Inst 4 Incorporation Of “Booked” Definitional Elements Into Enumerated Elements Of The Charge
F 2760.5 Inst 5 Incorporation Of “Charged” Definitional Elements Into Enumerated Elements Of The Charge
F 2760.6 Escape—Defense Theories [Reserved]
F 2760.7 Escape—Preliminary Fact Issues [Reserved]
F 2760.8 Escape—Unanimity/Duplicity/Multiplicity [Reserved]
F 2760.9 Escape—Lesser Offense Issues [Reserved]
Return to Series 2700 Table of Contents.
F 2760.1 Titles And Identification Of Parties
F 2760.1 Inst 1 Escape—Title
See generally, FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 2760.1 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 2760.2 Escape—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
F 2760.3 Escape—Language That Is Argumentative, Confusing, Etc.
F 2760.3 Inst 1 Deletion Of Argumentative Language
*Delete CC 2760, paragraph 5, sentence 2, which provides:
[It is not necessary for the prisoner to have left the outer limits of the institution’s property. However, the prisoner must pass beyond some barrier, such as a fence or a wall, intended to keep the prisoner within a designated area.]
Points and Authorities
See FORECITE F 416.3 Inst 4.
F 2760.4 Escape—Burden Of Proof Issues
F 2760.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
See FORECITE F 400.4 Inst 1.
F 2760.5 Escape—Elements And Definitions
F 2760.5 Inst 1 Separate Enumeration Of Combined Elements
*Modify CC 2760, Element 1, to provide as follows [added language is underlined; deleted language is stricken]::
1. The defendant was a prisoner who had been ((arrested and booked for[,]/ [or] charged with[,]/ [or] convicted of) a (misdemeanor/felony)/committed by order of the juvenile court to an adult facility);
AND
2. (He/She) had been ((arrested and booked for[,]/ [or] charged with[,]/ [or] convicted of) a (misdemeanor/felony)/committed by order of the juvenile court to an adult facility);
AND
3. [RENUMBER REMAINING ELEMENTS]
Points and Authorities
See FORECITE F 3500.2 Inst 1.
F 2760.5 Inst 2 Incorporation Of Definitional Elements Of Escape Into Enumerated Elements
*Add to CC 2760, Element 3:
. . . by:
A. Departing from the physical limits of (his/her) custody;
AND
B. Passing beyond a [barrier] [wall] [fence] designed to keep the defendant within a designated area.
Points and Authorities
See FORECITE F 417.5 Inst 2.
F 2760.5 Inst 3 Incorporation Of Lawful Custody Elements In Enumerated Elements
*Modify CC 2760, Alternative 3C to provide as follows [added language is underlined; deleted language is stricken]:
[3. The defendant (escaped/ [or] attempted to escape) from the custody of the (officer/ [or] person) who had lawful custody of the defendant.] _______________ <name of person alleged to have custody>;
4. _______________ <name of person alleged to have custody> was acting under legal authority;
5. _______________ <name of person alleged to have custody> physically restrained or confined the defendant;
[6. As a result, the defendant reasonably believed that (he/she) was significantly deprived of (his/her) freedom of movement.]
OR
[6. The defendant reasonably believed (he/she) was significantly deprived of (his/her) freedom of movement.]
Points and Authorities
See FORECITE F 417.5 Inst 2.
F 2760.5 Inst 4 Incorporation Of “Booked” Definitional Elements Into Enumerated Elements Of The Charge
*Modify CC 2760, Element 1, to provide as follows [added language is underlined; deleted language is stricken]:
1. The defendant was a prisoner who had been ((arrested and booked for[,]/ [or] charged with[,]/ [or] convicted of) a (misdemeanor/felony)/committed by order of the juvenile court to an adult facility);
AND
2. He/She had been arrested;
AND
3. After being arrested (he/she) was taken to a law enforcement office where an officer or employee:
A. Recorded the arrest;
AND
B. Took the defendant’s fingerprints and photograph.
Points and Authorities
This Court Has The Power And Duty To Grant This Instruction Request—[See CALCRIM Motion Bank # CCM-001.]
Incorporation Of Definitional Elements—See FORECITE F 417.5 Inst 2.
Separate Enumeration Of Elements—See FORECITE F 3500.2 Inst 1.
F 2760.5 Inst 5 Incorporation Of “Charged” Definitional Elements Into Enumerated Elements Of The Charge
*Modify CC 2760, Element 1, to provide as follows [added language is underlined; deleted language is stricken]:
1. The defendant was a prisoner who had been ((arrested and booked for[,]/ [or] charged with[,]/ [or] convicted of) a (misdemeanor/felony)/committed by order of the juvenile court to an adult facility);
AND
2. At the time defendant was charged with having committed a crime by a filing of a formal complaint, information or indictment.
Points and Authorities
This Court Has The Power And Duty To Grant This Instruction Request—[See CALCRIM Motion Bank # CCM-001.]
Incorporation Of Definitional Elements—See FORECITE F 417.5 Inst 2.
Separate Enumeration Of Elements—See FORECITE F 3500.2 Inst 1.
F 2760.6 Escape—Defense Theories [Reserved]
F 2760.7 Escape—Preliminary Fact Issues [Reserved]
F 2760.8 Escape—Unanimity/Duplicity/Multiplicity [Reserved]
F 2760.9 Escape—Lesser-Offense Issues [Reserved]
