CALCRIM No. 1215

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

violation of Penal Code section 207(a)].

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

prove that:

1. The defendant took, held, or detained another person by using

force or by instilling reasonable fear;

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

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

[AND]

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

<Give element 4 when instructing on reasonable belief in consent.>

[AND]

[4. The defendant did not actually and reasonably believe that the

other person consented to the movement.]

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

the nature of the act.]

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

deciding whether the distance was substantial, you must 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 distance the other person was moved was

beyond that merely incidental to the commission of <insert

associated crime>], whether the movement increased the risk of [physical

or psychological] harm, increased the danger of a foreseeable escape

attempt, or gave the attacker a greater opportunity to commit additional

crimes, or decreased the likelihood of detection.]

<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.]]

New January 2006; Revised October 2010, April 2020, October 2021, March 2022,

October 2025*

* Denotes changes only to bench notes and other commentaries.