CALCRIM No. 1201

Code, § 207(a), (e))

The defendant is charged [in Count] with kidnapping a (child/

person with a mental impairment) who was incapable of giving legal

consent to the movement [in violation of Penal Code section 207].

To prove that the defendant is guilty of this crime, the People must

prove that:

1. The defendant used (physical force/fear) to take and carry away

an unresisting (child/person with a mental impairment);

2. The defendant moved the (child/person with a mental

impairment) a substantial distance;

3. When the defendant moved the (child/person with a mental

impairment), the defendant had an illegal intent or an illegal

purpose;

4. <insert name of alleged victim>was a (child/person

with a mental impairment) who was incapable of giving legal

consent to the movement;

[AND]

5. The defendant knew or reasonably should have known that

<insert name of alleged victim> was a (child/person

with a mental impairment) who was incapable of giving legal

consent to the movement.

[A mental impairment includes impairment due to intoxication.]

The amount of force required to move an unresisting (child/person with

a mental impairment) who is incapable of giving legal consent is the

amount of physical force sufficient to take and carry that (child/person)

a substantial distance.

Substantial distance means more than a slight or trivial distance. In

deciding whether the distance was substantial, consider all the

circumstances relating to the movement. [Thus, in addition to

considering the actual distance moved, you may also consider other

factors such as whether the movement increased the risk of [physical or

psychological] harm, increased the danger of a foreseeable escape

attempt, gave the attacker a greater opportunity to commit additional

crimes, or decreased the likelihood of detection.]

A person is incapable of giving legal consent if he or she is unable to

understand the act, its nature, and possible consequences.

<Sentencing factor for child under 14 years old (Pen. Code, § 208(b)).>

[If you find the defendant guilty of kidnapping <insert

name of alleged victim>, you must then decide whether

<insert name of alleged victim>was under 14 years old at the time of the

kidnapping.]

[Under the law, a person becomes one year older as soon as the first

minute of his or her birthday has begun.]

New January 2006; Revised April 2008, April 2020, September 2020, October 2021,

March 2022, March 2024,* February 2025

* Denotes changes only to bench notes and other commentaries.