CALCRIM (Jury Instructions) Section 1240. there is evidence of the use of fraud or deceit, the court must modify the instruction. LESSER INCLUDED OFFENSES • Att
CALCRIM (Jury Instructions) § 1240
there is evidence of the use of fraud or deceit, the court must modify the instruction.
LESSER INCLUDED OFFENSES
•
Attempted False Imprisonment. Pen. Code, §§ 664, 236, 237; People v. Ross
(1988) 205 Cal.App.3d 1548, 1554–1555 [253 Cal.Rptr. 178] [present ability not
prerequisite to attempted false imprisonment].
•
Misdemeanor False Imprisonment. Pen. Code, § 236; People v. Matian (1995) 35
Cal.App.4th 480, 484, fn. 4, 487 [41 Cal.Rptr.2d 459]; People v. Babich (1993)
14 Cal.App.4th 801, 807 [18 Cal.Rptr.2d 60].
RELATED ISSUES
Elder or Dependent Adult Victim
False imprisonment of an elder or dependent adult by use of violence, menace,
fraud, or deceit is punishable by imprisonment for two, three, or four years. (Pen.
Code, §§ 237(b), 368(f).) An elder is any person who is 65 years of age or older.
(Pen. Code, § 368(g).) A dependent adult is any person between the ages of 18 and
64 with specified physical or mental limitations. (Pen. Code, § 368(h).)
Parent Confining Child
A parent who confines his or her child with the intent to endanger the health and
safety of the child or for an unlawful purpose can be prosecuted for false
imprisonment. (People v. Checketts (1999) 71 Cal.App.4th 1190, 1195 [84
Cal.Rptr.2d 491] [unlawful purpose of avoiding prosecution].) A parent asserting the
defense of parental authority may introduce evidence of his or her intent in
confining or restraining the child and of the reasonableness of the restraint or
confinement. (Id. at p. 1196.) There is no sua sponte duty to instruct on the defense
absent substantial evidence supporting the defense or reliance on it during the trial.
(Id. at p. 1197.)
SECONDARY SOURCES
1 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against the
Person, §§ 273–276, 279.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 142, Crimes
Against the Person, § 142.14[2][a], [b] (Matthew Bender).
KIDNAPPING
CALCRIM No. 1240
995
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 1240. there is evidence of the use of fraud or deceit, the court must modify the instruction. LESSER INCLUDED OFFENSES • Att. This means people must follow this rule, and breaking it can lead to criminal penalties.