CALCRIM No. 1203

(Pen. Code, § 209(b))

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

purpose of (robbery/rape/oral copulation/sodomy/sexual penetration) [in

violation of Penal Code section 209(b)].

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

prove that:

1. The defendant intended to commit (robbery/ [or] rape/ [or] oral

copulation/ [or] sodomy/ [or] sexual penetration/ [or]

<insert other offense specified in statute>);

2. Acting with that intent, the defendant took, held, or detained

another person by using force or by instilling a reasonable fear;

3. Using that force or fear, the defendant moved the other person

[or made the other person move] a substantial distance;

4. The other person was moved or made to move a distance beyond

that merely incidental to the commission of a (robbery/ [or] rape/

[or] oral copulation/ [or] sodomy/ [or] sexual penetration/ [or]

<insert other offense specified in statute>);

5. When that movement began, the defendant already intended to

commit (robbery/ [or] rape/ [or] oral copulation/ [or] sodomy/

[or] sexual penetration/ [or] <insert other offense

specified in statute>);

[AND]

6. The other person did not consent to the movement(;/.)

<Give element 7 if instructing on reasonable belief in consent.>

[AND

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

other person consented to the movement.]

As used here, substantial distance means more than a slight or trivial

distance. The movement must have increased the risk of [physical or

psychological] harm to the person beyond that necessarily present in the

(robbery/ [or] rape/ [or] oral copulation/ [or] sodomy/ [or] sexual

penetration/ [or] <insert other offense specified in statute>).

In deciding whether the movement was sufficient, consider all the

circumstances relating to the movement.

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

the nature of the act.]

[To be guilty of kidnapping for the purpose of (robbery/ [or] rape/ [or]

oral copulation/ [or] sodomy/ [or] sexual penetration), the defendant does

not actually have to commit the (robbery/ [or] rape/ [or] oral copulation/

[or] sodomy/ [or] sexual penetration/ [or] <insert other

offense specified in statute>).]

To decide whether the defendant intended to commit (robbery/ [or] rape/

[or] oral copulation/ [or] sodomy/ [or] sexual penetration/ [or]

<insert other offense specified in statute>), please refer to the

separate instructions that I (will give/have given) you on that crime.

<Defense: Good Faith Belief in Consent>

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

actually believed that the other 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 other 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 other person consented

to go with the defendant. The other 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 other 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 other

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

defined it.]

New January 2006; Revised June 2007, April 2008, February 2013, August 2013,

April 2020, March 2022