CA · jury_instructions
CALCRIM No. 1226
Defense to Kidnapping: Citizen’s Arrest (Pen. Code,
§§ 207(f)(2), 834, 837)
The defendant is not guilty of kidnapping if (he/she) was making a
lawful citizen’s arrest. The defendant was making a lawful citizen’s
arrest if (he/she) acted because:
<Alternative A—person actually committed felony>
[The person arrested committed <insert specific
felony>(;/.)]
[OR]
<Alternative B—reasonable cause to believe person committed felony>
[<Insert specific felony> had been committed, and the
defendant had reasonable cause to believe the person arrested
committed it(;/.)]
[OR]
<Alternative C—person committed misdemeanor in defendant’s presence>
[The person arrested committed or attempted to commit
<insert specific misdemeanor or infraction> in the defendant’s
presence.]
[Someone has reasonable cause if he or she knows facts that would
persuade someone of reasonable caution that the person to be arrested
has committed a crime.]
The People have the burden of proving beyond a reasonable doubt that
the defendant was not making a lawful citizen’s arrest. If the People
have not met this burden, you must find the defendant not guilty of
kidnapping.
New January 2006
Provenance
- Source
- courts.ca.gov
- Retrieved
- 2026-08-20
- Edition
- calcrim-2022
- Content hash
1f6c3b235a1cdcfa90550ded69b5d6fa93bf70741e49c25d8e8d09548ee8fce5
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.