Section 1603 | CALCRIM (Jury Instructions)

Challenges to Crimes, § 140.10, Ch. 142, Crimes Against the Person,
§ 142.10[1][b], [e] (Matthew Bender).
1604–1649.
Reserved for Future Use
CALCRIM No. 1603
ROBBERY AND CARJACKING
1120

The perpetrator[s] (has/have) reached a place of temporary safety if (he/
she/they) (has/have) successfully escaped from the scene, (is/are) no
longer being chased, and (is/are) no longer in continuous physical control
of the person kidnapped.]
<Other Felony>
[The crime of
<insert felony alleged> [or attempted
<insert felony alleged>] continues until the perpetrator[s]
(has/have) actually reached a place of temporary safety. The
perpetrator[s] (has/have) reached a place of temporary safety if (he/she/
they) (has/have) successfully escaped from the scene and (is/are) no
longer being chased.]
New January 2006; Revised August 2006, August 2013
BENCH NOTES
Instructional Duty
Give this instruction whenever the evidence raises an issue over the duration of the
felony and another instruction given to the jury has required some act “during the
commission or attempted commission” of the felony. (See People v. Wilkins (2013)
56 Cal.4th 333, 347–348 [153 Cal.Rptr.3d 519, 295 P.3d 903].)
This instruction should not be given if the issue is when the defendant formed the
intent to aid and abet a robbery or a burglary. For robbery, give CALCRIM No.
1603, Robbery: Intent of Aider and Abettor. For burglary, give CALCRIM No.
1702, Burglary: Intent of Aider and Abettor.
AUTHORITY
•
Escape Rule. People v. Wilkins (2013) 56 Cal.4th 333, 347–348 [153 Cal.Rptr.3d
519, 295 P.3d 903].
•
Place of Temporary Safety. People v. Salas (1972) 7 Cal.3d 812, 823 [103
Cal.Rptr. 431, 500 P.2d 7]; People v. Johnson (1992) 5 Cal.App.4th 552, 560 [7
Cal.Rptr.2d 23].
•
Continuous Control of Victim. People v. Thompson (1990) 50 Cal.3d 134,
171–172 [266 Cal.Rptr. 309, 785 P.2d 857] [lewd acts]; People v. Carter (1993)
19 Cal.App.4th 1236, 1251–1252 [23 Cal.Rptr.2d 888] [robbery].
•
Robbery. People v. Salas (1972) 7 Cal.3d 812, 823 [103 Cal.Rptr. 431, 500 P.2d
7]; People v. Cooper (1991) 53 Cal.3d 1158, 1170 [282 Cal.Rptr. 450, 811 P.2d
742].
•
Burglary. People v. Bodely (1995) 32 Cal.App.4th 311, 313–314 [38 Cal.Rptr.2d
72].
•
Lewd Acts on Child. People v. Thompson (1990) 50 Cal.3d 134, 171–172 [266
Cal.Rptr. 309, 785 P.2d 857].
ENHANCEMENTS AND SENTENCING FACTORS
CALCRIM No. 3261
969