CALCRIM No. 2180

Code, §§ 2800.1(a), 2800.3(a), (b))

The defendant is charged [in Count] with evading a peace officer

and causing (death/ [or] serious bodily injury) [in violation of

<insert appropriate code section[s]>].

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

prove that:

1. A peace officer in a vehicle was pursuing the defendant, who was

also driving a vehicle;

2. The defendant intended to evade the peace officer;

3. While driving, the defendant willfully fled from, or tried to elude,

the pursuing peace officer;

4. The defendant’s attempt to flee from, or elude, the pursuing

peace officer caused (the death of/ [or] serious bodily injury to)

someone else;

AND

5. All of the following were true:

(a) There was at least one lighted red lamp visible from the front

of the peace officer’s vehicle;

(b) The defendant either saw or reasonably should have seen the

lamp;

(c) The peace officer’s vehicle was sounding a siren as reasonably

necessary;

(d) The peace officer’s vehicle was distinctively marked;

AND

(e) The peace officer was wearing a distinctive uniform.

[A person employed as a police officer by <insert name of

agency that employs police offıcer> is a peace officer.]

[A person employed by <insert name of agency that employs

peace offıcer , e.g., “the Department of Fish and Wildlife”> is a peace officer

if <insert description of facts necessary to make employee a

peace offıcer , e.g, “designated by the director of the agency as a peace

offıcer”> .]

Someone commits an act willfully when he or she does it willingly or on

purpose. It is not required that he or she intend to break the law, hurt

someone else, or gain any advantage.

[A serious bodily injury means a serious impairment of physical

condition. Such an injury may include[, but is not limited to]: (loss of

consciousness/ concussion/ bone fracture/ protracted loss or impairment

of function of any bodily member or organ/ a wound requiring extensive

suturing/ [and] serious disfigurement).]

A vehicle is distinctively marked if it has features that are reasonably

noticeable to other drivers, including a red lamp, siren, and at least one

other feature that makes it look different from vehicles that are not used

for law enforcement purposes.

A distinctive uniform means clothing adopted by a law enforcement

agency to identify or distinguish members of its force. The uniform does

not have to be complete or of any particular level of formality. However,

a badge, without more, is not enough.

[An act causes (death/ [or] serious bodily injury) if the (death/ [or]

injury) is the direct, natural, and probable consequence of the act and

the (death/ [or] injury) would not have happened without the act. A

natural and probable consequence is one that a reasonable person would

know is likely to happen if nothing unusual intervenes. In deciding

whether a consequence is natural and probable, consider all the

circumstances established by the evidence.]

[There may be more than one cause of (death/ [or] serious bodily

injury). An act causes (death/ [or] injury) only if it is a substantial factor

in causing the (death/ [or] injury). A substantial factor is more than a

trivial or remote factor. However, it need not be the only factor that

causes the (death/ [or] injury).]

New January 2006; Revised August 2006