Section 2760 | CALCRIM (Jury Instructions)

AND
<Alternative 3A—confined in penal institution>
[3. The defendant (escaped/ [or] attempted to escape) from the (jail/
prison/farm/camp).]
<Alternative 3B—engaged in county work>
[3. The defendant (escaped/ [or] attempted to escape) from the
custody of the (officer/ [or] person in charge of (him/her)) while
engaged in work at, or going to or returning from, the county
work site.]
<Alternative 3C—lawful custody>
[3. The defendant (escaped/ [or] attempted to escape) from the
custody of the (officer/ [or] person) who had lawful custody of the
defendant.]
<Alternative 3D—work furlough>
[3. The defendant (escaped/ [or] attempted to escape) from the (jail/
prison/farm/camp) by failing to return to the place of
confinement.]
<Alternative 3E—temporary release>
[3. The defendant (escaped/ [or] attempted to escape) from the (jail/
prison/farm/camp) by failing to return to the place of
confinement.]
<Alternative 3F—home detention>
[3. The defendant (escaped/ [or] attempted to escape) from the place
of confinement in the home detention program.]
<Alternative 3G—confined under Pen. Code, § 4011.9>
[3. The defendant (escaped/ [or] attempted to escape) from the place
of hospital confinement.]
[A person has been booked for a (misdemeanor/felony) if he or she has
been taken to a law enforcement office where an officer or employee has
recorded the arrest and taken the person’s fingerprints and photograph.]
[A person has been charged with a (misdemeanor/felony) if a formal
complaint, information, or indictment has been filed in court alleging
that the person committed a crime.]
Escape means the unlawful departure of a prisoner from the physical
limits of his or her custody. [It is not necessary for the prisoner to have
left the outer limits of the institution’s property. However, the prisoner
must breach a wall or fence marking the security perimeter of the
CALCRIM No. 2760
CRIMES AGAINST GOVERNMENT
650

AUTHORITY
•
Elements. Pen. Code, § 4532(a)(1) & (b)(1).
•
Specific Intent Not an Element of Completed Escape. People v. George (1980)
109 Cal.App.3d 814, 819 [167 Cal.Rptr. 603].
•
Attempt to Escape—Must Instruct on Direct Act and Specific Intent. People v.
Gallegos (1974) 39 Cal.App.3d 512, 517 [114 Cal.Rptr. 166].
•
Escape Defined. People v. Lavaie (1999) 70 Cal.App.4th 456, 459–461 [82
Cal.Rptr.2d 719].
•
Arrested Defendant Must Be Booked Before Statute Applies. People v. Diaz
(1978) 22 Cal.3d 712, 716–717 [150 Cal.Rptr. 471, 586 P.2d 952]; see also
People v. Trotter (1998) 65 Cal.App.4th 965, 967, 971 [76 Cal.Rptr.2d 898].
•
Arrest of Probationer—Booking Not Required. People v. Cisneros (1986) 179
Cal.App.3d 117, 120–123 [224 Cal.Rptr. 452].
•
Arrest of Parolee—Booking Not Required. People v. Nicholson (2004) 123
Cal.App.4th 823, 830 [20 Cal.Rptr.3d 476].
•
Must Be Confined in Adult Penal Institution. People v. Rackley (1995) 33
Cal.App.4th 1659, 1668 [40 Cal.Rptr.2d 49].
LESSER INCLUDED OFFENSES
Attempted escape is not a lesser included offense of escape. (People v. Bai