Section 1202 | CALCRIM (Jury Instructions)

actually believed that the person consented to the movement. The People
have the burden of proving beyond a reasonable doubt that the
defendant did not reasonably and actually believe that the person
consented to the movement. If the People have not met this burden, you
must find the defendant not guilty of this crime.]
<Defense: Consent Given>
[The defendant is not guilty of kidnapping if the person consented to go
with the defendant. The person consented if (he/she) (1) freely and
voluntarily agreed to go with or be moved by the defendant, (2) was
aware of the movement, and (3) had sufficient mental capacity to choose
to go with the defendant. The People have the burden of proving beyond
a reasonable doubt that the person did not consent to go with the
defendant. If the People have not met this burden, you must find the
defendant not guilty of this crime.]
[Consent may be withdrawn. If, at first, a person agreed to go with the
defendant, that consent ended if the person changed his or her mind and
no longer freely and voluntarily agreed to go with or be moved by the
defendant. The defendant is guilty of kidnapping if after the person
withdrew consent, the defendant committed the crime as I have defined
it.]
[Someone intends to commit extortion if he or she intends to: (1) obtain a
person’s property with the person’s consent and (2) obtain the person’s
consent through the use of force or fear.]
[Someone intends to commit extortion if he or she: (1) intends to get a
public official to do an official act and (2) uses force or fear to make the
official do the act.] [An official act is an act that a person does in his or
her official capacity using the authority of his or her public office.]
<Sentencing Factor>
[If you find the defendant guilty of kidnapping (for ransom [,]/ [or] for
reward[,]/ [or] to commit extortion[,]/ [or] to get from a different person
money or something valuable), you must then decide whether the People
have proved the additional allegation that the defendant (caused the
kidnapped person to (die/suffer bodily harm)/ [or] intentionally confined
the kidnapped person in a way that created a substantial likelihood of
death).
[Bodily harm means any substantial physical injury resulting from the
use of force that is more than the force necessary to commit
kidnapping.]
[The defendant caused
’s <insert name of allegedly kidnapped
person> (death/bodily harm) if:
1. A reasonable person in the defendant’s position would have
KIDNAPPING
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foreseen that the defendant’s use of force or fear could begin a
chain of events likely to result in
’s <insert name of
allegedly kidnapped person> (death/bodily harm);
2. The defendant’s use of force or fear was a direct and substantial
factor in causing
’s <insert name of allegedly
kidnapped person> (death/bodily harm);
AND

’s <insert name of allegedly kidnapped person> (death/
bodily harm) would not have happened if the defendant had not
used force or fear to hold or detain
<insert nam