CALCRIM No. 1202

From Another Person (Pen. Code, § 209(a))

The defendant is charged [in Count] with kidnapping (for

ransom[,]/ [or] for reward[,]/ [or] to commit extortion[,]/ [or] to get from

a different person money or something valuable) [that resulted in

(death[,]/ [or] bodily harm[,]/ [or] exposure to a substantial likelihood of

death)] [in violation of Penal Code section 209(a)].

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

prove that:

1. The defendant (kidnapped[,]/ [or] abducted[,]/ [or] seized[,]/ [or]

confined[,]/ [or] concealed[,]/ [or] carried away[,]/ [or] inveigled[,]/

[or] enticed[,]/ [or] decoyed) a person;

<Alternative 2A—held or detained>

[2. The defendant held or detained that person;]

<Alternative 2B—intended to hold or detain that person>

[2. When the defendant acted, (he/she) intended to hold or detain

that person;]

3. The defendant did so (for ransom[,]/ [or] for reward[,]/ [or] to

commit extortion[,]/ [or] to get from a different person money or

something valuable);

[AND]

4. The person did not consent to being (kidnapped[,]/ [or]

abducted[,]/ [or] seized[,]/ [or] confined[,]/ [or] concealed[,]/ [or]

carried away[,]/ [or] inveigled[,]/ [or] enticed[,]/ [or] decoyed)(;/.)

<Give element 5 if instructing on reasonable belief in consent.>

[AND

5. The defendant did not actually and reasonably believe that the

person consented to being (kidnapped[,]/ [or] abducted[,]/ [or]

seized[,]/ [or] confined[,]/ [or] concealed[,]/ [or] carried away[,]/

[or] inveigled[,]/ [or] enticed[,]/ [or] decoyed).]

[It is not necessary that the person be moved for any distance.]

[In order to consent, a person must act freely and voluntarily and know

the nature of the act.]

<Defense: Good Faith Belief in Consent>

[The defendant is not guilty of kidnapping if (he/she) reasonably and

actually believed that the person consented to the movement. The People

have the burden of proving beyond a reasonable doubt that the

defendant did not reasonably and actually believe that the person

consented to the movement. If the People have not met this burden, you

must find the defendant not guilty of this crime.]

<Defense: Consent Given>

[The defendant is not guilty of kidnapping if the person consented to go

with the defendant. The person consented if (he/she) (1) freely and

voluntarily agreed to go with or be moved by the defendant, (2) was

aware of the movement, and (3) had sufficient mental capacity to choose

to go with the defendant. The People have the burden of proving beyond

a reasonable doubt that the person did not consent to go with the

defendant. If the People have not met this burden, you must find the

defendant not guilty of this crime.]

[Consent may be withdrawn. If, at first, a person agreed to go with the

defendant, that consent ended if the person changed his or her mind and

no longer freely and voluntarily agreed to go with or be moved by the

defendant. The defendant is guilty of kidnapping if after the person

withdrew consent, the defendant committed the crime as I have defined

it.]

[Someone intends to commit extortion if he or she intends to: (1) obtain a

person’s property with the person’s consent and (2) obtain the person’s

consent through the use of force or fear.]

[Someone intends to commit extortion if he or she: (1) intends to get a

public official to do an official act and (2) uses force or fear to make the

official do the act.] [An official act is an act that a person does in his or

her official capacity using the authority of his or her public office.]

<Sentencing Factor>

[If you find the defendant guilty of kidnapping (for ransom [,]/ [or] for

reward[,]/ [or] to commit extortion[,]/ [or] to get from a different person

money or something valuable), you must then decide whether the People

have proved the additional allegation that the defendant (caused the

kidnapped person to (die/suffer bodily harm)/ [or] intentionally confined

the kidnapped person in a way that created a substantial likelihood of

death).

[Bodily harm means any substantial physical injury resulting from the

use of force that is more than the force necessary to commit

kidnapping.]

[The defendant caused ’s <insert name of allegedly kidnapped

person> (death/bodily harm) if:

1. A reasonable person in the defendant’s position would have

KIDNAPPING CALCRIM No. 1202

foreseen that the defendant’s use of force or fear could begin a

chain of events likely to result in ’s <insert name of

allegedly kidnapped person> (death/bodily harm);

2. The defendant’s use of force or fear was a direct and substantial

factor in causing ’s <insert name of allegedly

kidnapped person> (death/bodily harm);

AND

3. ’s <insert name of allegedly kidnapped person> (death/

bodily harm) would not have happened if the defendant had not

used force or fear to hold or detain <insert name of

allegedly kidnapped person>.

A substantial factor is more than a trivial or remote factor. However, it

need not have been the only factor that caused ’s <insert

name of allegedly kidnapped person> (death/bodily harm).]

The People have the burden of proving this allegation beyond a

reasonable doubt. If the People have not met this burden, you must find

that the allegation has not been proved.]

New January 2006; Revised April 2011, February 2015, March 2017, September

2020, March 2021, September 2024*

* Denotes changes only to bench notes and other commentaries.