CALCRIM (Jury Instructions) Section 1241. COMMENTARY Unlike simple false imprisonment, false imprisonment of a hostage is a specific intent crime. (See Pen. Code
CALCRIM (Jury Instructions) § 1241
COMMENTARY
Unlike simple false imprisonment, false imprisonment of a hostage is a specific
intent crime. (See Pen. Code, § 210.5 [falsely imprison “for purposes of protection
from arrest”]; see also People v. McDaniel (1979) 24 Cal.3d 661, 669 [156 Cal.Rptr.
865, 597 P.2d 124] [specific intent crime exists when defendant intends to do some
further act or achieve some additional consequence].)
Section 210.5 does not expressly require a threat of arrest when a perpetrator
commits false imprisonment “for purposes of using the person as a shield.” Until the
appellate courts provide more guidance, this instruction assumes that a threat of
imminent arrest is required. (See People v. Gomez (1992) 2 Cal.App.4th 819, 825 [3
Cal.Rptr.2d 418] [dicta].)
LESSER INCLUDED OFFENSES
•
False Imprisonment. Pen. Code, §§ 236, 237.
•
Attempted False Imprisonment of Hostage. Pen. Code, §§ 664, 210.5, 236.
SECONDARY SOURCES
1 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against the
Person, § 277.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 142, Crimes
Against the Person, § 142.14[1][c], [2][a], [b] (Matthew Bender).
KIDNAPPING
CALCRIM No. 1241
997
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 1241. COMMENTARY Unlike simple false imprisonment, false imprisonment of a hostage is a specific intent crime. (See Pen. Code. This means people must follow this rule, and breaking it can lead to criminal penalties.