CALCRIM No. 2181

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

[in violation of Vehicle Code section[s] (2800.1(a)/ [or] 2800.2)].

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

prove that:

1. A peace officer driving a motor vehicle was pursuing the

defendant;

2. The defendant, who was also driving a motor vehicle, willfully

fled from, or tried to elude, the officer, intending to evade the

officer;

<Give the appropriate paragraph[s] of element 3 when the defendant is

charged with a violation of V ehicle Code section 2800.2>

[3A. During the pursuit, the defendant drove with willful or wanton

disregard for the safety of persons or property;]

[OR]

[3B. During the pursuit, the defendant caused damage to property

while driving;]

[OR]

[3C. During the pursuit, the defendant committed three or more

violations, each of which would make the defendant eligible for a

traffic violation point;]

AND

[3/4]. 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;

(d) 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 person acts with wanton disregard for safety when (1) he or she is

aware that his or her actions present a substantial and unjustifiable risk

of harm, and (2) he or she intentionally ignores that risk. The person

does not, however, have to intend to cause damage.]

[<insert traffıc violations alleged> are each assigned a traffic

violation point.]

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.

New January 2006; Revised August 2006, September 2018, March 2023