Section 2655 | CALCRIM (Jury Instructions)

1. A reasonable person in the defendant’s position would have
foreseen that (his/her) willful resistance could begin a chain of
events likely to result in the officer’s death or serious bodily
injury;
2. Defendant’s willful resistance was a direct and substantial factor
in causing
’s <insert offıcer’s name, excluding title>
(death/serious bodily injury);
AND

’s <insert offıcer’s name, excluding title>
(death/serious bodily injury) would not have happened if the
defendant had not willfully resisted
<insert offıcer’s
name, excluding title> from performing or attempting to perform
(his/her) duties.
A substantial factor is more than a trivial or remote factor. However, it
does not need to be the only factor that caused
’s <insert
offıcer’s name, excluding title> (death/serious bodily injury).
[Willful resistance may include fleeing from the officer.]
[A serious bodily injury means a serious impairment of physical
condition. Such an injury may include[, but is not limited to]: (loss of
consciousness/ concussion/ bone fracture/ protracted loss or impairment
of function of any bodily member or organ/ a wound requiring extensive
suturing/ [and] serious disfigurement).]
[A person who is employed as a police officer by
<insert
name of agency that employs police offıcer> is a peace officer.]
[A person employed by
<insert name of agency that employs
peace offıcer, e.g., “the Department of Fish and Wildlife”> is a peace officer
if
<insert description of facts necessary to make employee a
peace offıcer, e.g., “designated by the director of the agency as a peace
offıcer”>.]
[The duties of (a/an)
<insert title of peace offıcer> include
<insert job duties>.]
[Taking a photograph or making an audio or video recording of an
executive officer while the officer is in a public place or the person taking
the photograph or making the recording is in a place where he or she
has the right to be is not, by itself, a crime.]
<When lawful performance is an issue, give the following paragraph and
Instruction 2670, Lawful Performance: Peace Offıcer.>
[A peace officer is not lawfully performing his or her duties if he or she
is (unlawfully arresting or detaining someone/ [or] using unreasonable or
CRIMES AGAINST GOVERNMENT
CALCRIM No. 2655
547

•
Peace Officer Defined. Pen. Code, § 830 et seq.
•
Serious Bodily Injury Defined. Pen. Code, §§ 148.10(d), 243(f)(4); People v.
Taylor (2004) 118 Cal.App.4th 11, 25, fn. 4 [12 Cal.Rptr.3d 693].
•
Willful Resistance Includes Flight. People v. Superior Court (Ferguson) (2005)
132 Cal.App.4th 1525, 1535 [34 Cal.Rptr.3d 481].
•
Unlawful Arrest or Act by Officer. Pen. Code, § 148(f); Franklin v. Riverside
County (1997) 971 F.Supp. 1332, 1335–1336; People v. Curtis (1969) 70 Cal.2d
347, 354 [74 Cal.Rptr. 713, 450 P.2d 33]; Susag v. City of Lake Forest (2002) 94
Cal.App.4th 1401, 1409 [115 Cal.Rptr.2d 269].
LESSER INCLUDED OFFENSES
•
Misdemeanor Resisting Arrest. Pen. Code, § 148(a)(1).
RELATED ISSUES
Exclusions
Penal Code section 148.10 “does no