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CA · jury_instructions

CALCRIM No. 1225

Defense to Kidnapping: Protecting Child From Imminent

activein force · 2019-01-01 – presentcompiled-edition

Harm (Pen. Code, § 207(f)(1))

The defendant is not guilty of kidnapping if (he/she) (took/stole/enticed

away/detained/concealed/harbored) a child under the age of 14 years to

protect that child from danger of imminent harm.

An imminent harm is an immediate and present threat of harm. Belief in

future harm is not sufficient, no matter how great or how likely the

harm is believed to be. The defendant must have believed that the child

was in imminent danger.

[The People have the burden of proving beyond a reasonable doubt that

the defendant did not act to protect the child from the danger of

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

the defendant not guilty of kidnapping.]

New January 2006; Revised April 2008

Provenance

Source
courts.ca.gov
Retrieved
2026-08-20
Edition
calcrim-2019
Content hash
ce6a5f3560e400996797759012b48cec9c4618027bdfa33b1e983f3698891cbd
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