Section 1200 | CALCRIM (Jury Instructions)

People v. Robertson (2012) 208 Cal.App.4th 965, 982 [146 Cal.Rptr.3d 66];
People v. Vines (2011) 51 Cal.4th 830, 870 & fn. 20 [124 Cal.Rptr.3d 830, 251
P.3d 943]; People v. Martinez (1999) 20 Cal.4th 225, 232 & fn. 4 [83
Cal.Rptr.2d 533, 973 P.2d 512].
LESSER INCLUDED OFFENSES
•
Kidnapping. Pen. Code, § 207.
False imprisonment is a lesser included offense if there is an unlawful restraint of
the child. (See Pen. Code, §§ 236, 237; People v. Magana (1991) 230 Cal.App.3d
1117, 1121 [281 Cal.Rptr. 338].)
SECONDARY SOURCES
1 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against the
Person, §§ 281–282, 291.
5 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 91,
Sentencing, § 91.38[1] (Matthew Bender).
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 142, Crimes
Against the Person, § 142.14[1][a], [3] (Matthew Bender).
KIDNAPPING
CALCRIM No. 1200
963

New January 2006; Revised April 2008, April 2020, September 2020, October 2021,
March 2022, March 2024*
* Denotes changes only to bench notes and other commentaries.
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of the
crime.
Give alternative 4A if the defendant is charged with kidnapping a person under 14
years of age. (Pen. Code, § 208(b).) Do not use this bracketed language if a
biological parent, a natural father, an adoptive parent, or someone with access to the
child by a court order takes the child. (Ibid.) Give alternative 4B if the alleged
victim has a mental impairment.
In the paragraph defining “substantial distance,” give the bracketed sentence listing
factors that the jury may consider, when evidence permits, in evaluating the totality
of the circumstances. (People v. Martinez (1999) 20 Cal.4th 225, 237 [83
Cal.Rptr.2d 533, 973 P.2d 512].) However, in the case of simple kidnapping, if the
movement was for a substantial distance, the jury does not need to consider any
other factors. (People v. Martinez, supra, 20 Cal.4th at p. 237; see People v.
Stanworth (1974) 11 Cal.3d 588, 600–601 [114 Cal.Rptr. 250, 522 P.2d 1058].)
Give this instruction when the defendant is charged under Penal Code section 207(a)
with using force to kidnap an unresisting infant or child, or person with a mental
impairment, who was incapable of consenting to the movement. (See, e.g., In re
Michele D. (2002) 29 Cal.4th 600, 610 [128 Cal.Rptr.2d 92, 59 P.3d 164]; see also
2003 Amendments to Pen. Code, § 207(e) [codifying holding of In re Michele D.].)
Give CALCRIM No. 1200, Kidnapping: For Child Molestation, when the defendant
is charged under Penal Code section 207(b) with kidnapping a child without the use
of force for the purpose of committing a lewd or lascivious act.
Give the final bracketed paragraph about calculating age if requested. (Fam. Code,
§ 6500; In re Harris (1993) 5 Cal.4th 813, 849–850 [21 Cal.Rptr.2d 373, 855 P.2d
391].)
There is no sua sponte duty to define “illegal intent” or “illegal