Section 1203 | CALCRIM (Jury Instructions)

[To be guilty of kidnapping for the purpose of (robbery/ [or] rape/ [or]
oral copulation/ [or] sodomy/ [or] sexual penetration), the defendant does
not actually have to commit the (robbery/ [or] rape/ [or] oral copulation/
[or] sodomy/ [or] sexual penetration/ [or]
<insert other
offense specified in statute>).]
To decide whether the defendant intended to commit (robbery/ [or] rape/
[or] oral copulation/ [or] sodomy/ [or] sexual penetration/ [or]
<insert other offense specified in statute>), please refer to the
separate instructions that I (will give/have given) you on that crime.
<Defense: Good Faith Belief in Consent>
[The defendant is not guilty of kidnapping if (he/she) reasonably and
actually believed that the other 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 other 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 other person consented
to go with the defendant. The other 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 other 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[Consent may be withdrawn.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 other
person withdrew consent, the defendant committed the crime as I have
defined it.]
New January 2006; Revised June 2007, April 2008, February 2013, August 2013,
April 2020, March 2022
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of the
crime.
In addition, the court has a sua sponte duty to instruct on the elements of the
alleged underlying crime.
KIDNAPPING
CALCRIM No. 1203
975

•
Kidnapping to Effect Escape From Robbery. People v. Laursen (1972) 8 Cal.3d
192, 199–200 [104 Cal.Rptr. 425, 501 P.2d 1145] [violation of section 209 even
though intent to kidnap formed after robbery commenced].
•
Kidnapping Victim Need Not Be Robbery Victim. People v. Laursen (1972) 8
Cal.3d 192, 200, fn. 7 [104 Cal.Rptr. 425, 501 P.2d 1145].
•
Use of Force or Fear. See People v. Martinez (1984) 150 Cal.App.3d 579,
599–600 [198 Cal.Rptr. 565], disapproved on other grounds in People v. Hayes
(1990) 52 Cal.3d 577, 627–628, fn. 10 [276 Cal.Rptr. 874, 802 P.2d 376];
People v. Jones (1997) 58 Cal.App.4th 693, 713–714 [68 Cal.Rptr.2d 506].
•
Movement of Victim Need Not Substan