CALCRIM No. 1204

209.5(a), (b), 215(a))

The defendant is charged [in Count] with kidnapping during a

carjacking [in violation of Penal Code section 209.5].

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

prove that:

1. The defendant committed a carjacking;

2. During the carjacking, the defendant took, held, or detained

another person by using force or by instilling reasonable fear;

3. The defendant moved the other person or made that person move

a substantial distance from the vicinity of the carjacking;

4. The defendant moved or caused the other person to move with

the intent to facilitate the carjacking [or to help (himself/herself)

escape/or to prevent the other person from sounding an alarm];

5. The person moved was not one of the carjackers;

[AND]

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

<Give element 7 when 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 been more than merely brief and

incidental to the commission of the carjacking. The movement must also

have increased the risk of [physical or psychological] harm to the person

beyond that necessarily present in the carjacking. 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.]

<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 maturity and

understanding 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.]

To decide whether the defendant committed carjacking, please refer to

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

[Fear, as used in this instruction, means fear of injury to the person or

injury to the person’s family or property.] [It also means fear of

immediate injury to another person present during the incident or to

that person’s property.]

New January 2006; Revised February 2013, August 2013