Section 2761 | CALCRIM (Jury Instructions)

<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 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;]
AND
4. The defendant committed the (escape/ [or] attempted escape) by
force or violence.
[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
CRIMES AGAINST GOVERNMENT
CALCRIM No. 2761
655

left the outer limits of the institution’s property. However, the prisoner
must breach a wall or fence marking the security perimeter of the
correctional facility. It is not sufficient for the prisoner to be merely
outside the particular area within the facility where he or she is
permitted to be.]
[A prisoner also escapes if he or she willfully fails to return to his or her
place of confinement within the period that he or she was authorized to
be away from that place of confinement. Someone commits an act
willfully when he or she does it willingly or on purpose.]
To commit an act by force or violence means to wrongfully use physical
force against the property or person of another. [To use force against a
person means to touch the other person in a harmful or offensive
manner. The slightest touching can be enough if it is done in a rude or
angry way. Making contact with another person, including through his
or her clothing, is enough. The touching does not have to cause pain or
injury of any kind.]
[The People must prove that the defendant personally used force or
violence or aided and abetted another in using force or violence. Mere
kn