California — Statute

Section 1226 | CALCRIM (Jury Instructions)

CALCRIM (Jury Instructions) Section 1226. given, also give the bracketed paragraph defining “reasonable cause.” AUTHORITY • Instructional Requirements. Pen. Code

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California State Law

Section 1226

CALCRIM (Jury Instructions) § 1226

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given, also give the bracketed paragraph defining “reasonable cause.”
AUTHORITY

Instructional Requirements. Pen. Code, §§ 207(f)(2), 834, 837.

Arrest by Actual Restraint or Submission to Custody. Pen. Code, § 835.

Summoning Assistance in Making Arrest. Pen. Code, § 839.

Burden of Proof. See People v. Agnew (1940) 16 Cal.2d 655, 665–666 [107 P.2d
601] [defendant need only raise reasonable doubt regarding lawfulness of arrest
as defense to false imprisonment charge]; People v. Tewksbury (1976) 15 Cal.3d
953, 963–964 [127 Cal.Rptr. 135, 544 P.2d 1335].

Presence Defined. People v. Lee (1984) 157 Cal.App.3d Supp. 9, 12 [204
Cal.Rptr. 667] [neither physical proximity nor sight is essential].

Public Offense Defined. Pen. Code, § 15; see People v. Tuck (1977) 75
Cal.App.3d 639, 644 [142 Cal.Rptr. 362] [public offense includes felony,
misdemeanor, or infraction].

Reasonable Cause Defined. People v. Wilkins (1972) 27 Cal.App.3d 763,
767–768 [104 Cal.Rptr. 89] [proof of commission of felony not necessary when
reasonable cause exists].
SECONDARY SOURCES
1 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against the
Person, §§ 281, 291.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 142, Crimes
Against the Person, § 142.14[2][a] (Matthew Bender).
1227–1239.
Reserved for Future Use
CALCRIM No. 1226
KIDNAPPING
992

Common Questions

This section of the CALCRIM (Jury Instructions) establishes legal requirements and provisions that apply to specific circumstances in California law.

This section applies when the specific conditions outlined in the statute are met. The exact applicability depends on the facts of each situation.

Penalties vary based on the specific violation and circumstances. They may include fines, imprisonment, or other legal consequences as specified in the California code.

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In simple terms: CALCRIM (Jury Instructions) Section 1226. given, also give the bracketed paragraph defining “reasonable cause.” AUTHORITY • Instructional Requirements. Pen. Code. This means people must follow this rule, and breaking it can lead to criminal penalties.

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