CALCRIM (Jury Instructions) Section 2763. 2762. Escape After Remand or Arrest (Pen. Code, § 836.6) The defendant is charged [in Count ] with (escape/ [or] attem
CALCRIM (Jury Instructions) § 2763
2762. Escape After Remand or Arrest (Pen. Code, § 836.6)
The defendant is charged [in Count
] with (escape/ [or] attempted
escape) following (a remand/an arrest) [in violation of Penal Code
section 836.6].
To prove that the defendant is guilty of this crime, the People must
prove that:
<Alternative 1A—remanded>
[1. The defendant was remanded, which means that a (magistrate/
judge) ordered (him/her) placed into the custody of a (sheriff[,]/
[or] marshal[,]/ [or other] (police agency/peace officer));]
<Alternative 1B—arrested>
[1. The defendant was lawfully arrested by a peace officer and the
defendant knew, or reasonably should have known, that (he/she)
had been arrested;]
AND
2. The defendant (escaped/ [or] attempted to escape) from the
custody of the (sheriff[,]/ marshal[,]/ [or other] (police agency/
peace officer)).
Escape means the unlawful departure from the physical limits of custody.
[A sworn member of
<insert name of agency that employs
peace offıcer>, authorized by
<insert appropriate section
from Pen. Code, § 830 et seq.> to
<describe statutory
authority>, is a peace officer.]
New January 2006
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of the
crime.
If the defendant is charged with a felony for use of force or violence, give
CALCRIM No. 2763, Escape After Remand or Arrest: Force or Violence with this
instruction.
If the defendant is charged with attempt, give CALCRIM No. 460, Attempt Other
Than Attempted Murder. (People v. Gallegos (1974) 39 Cal.App.3d 512, 517 [114
Cal.Rptr. 166].)
If lawfulness of the arrest is an issue, give the appropriate paragraphs from
659
Moretto (1994) 21 Cal.App.4th 1269, 1278 [26 Cal.Rptr.2d 719].
•
Serious Bodily Injury Defined. Pen. Code, § 243(f)(4); People v. Taylor (2004)
118 Cal.App.4th 11, 25, fn. 4 [12 Cal.Rptr.3d 693].
SECONDARY SOURCES
2 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against
Governmental Authority, § 102.
1 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 11, Arrest,
§§ 11.02, 11.06[3] (Matthew Bender).
3 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 73,
Defenses and Justifications, § 73.05 (Matthew Bender).
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 140,
Challenges to Crimes, § 140.04 (Matthew Bender).
CRIMES AGAINST GOVERNMENT
CALCRIM No. 2763
663
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 2763. 2762. Escape After Remand or Arrest (Pen. Code, § 836.6) The defendant is charged [in Count ] with (escape/ [or] attem. This means people must follow this rule, and breaking it can lead to criminal penalties.