CALCRIM No. 2655

Peace Officer (Pen. Code, § 148.10(a) & (b))

The defendant is charged [in Count] with causing (the death of/

serious bodily injury to) a peace officer performing (his/her) duties [in

violation of Penal Code section 148.10].

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

prove that:

1. <insert offıcer’s name, excluding title> was a peace

officer lawfully performing or attempting to perform (his/her)

duties as a peace officer;

2. The defendant willfully resisted <insert offıcer’s

name, excluding title> in the performance of or the attempt to

perform (his/her) duties;

3. When the defendant acted, (he/she) knew, or reasonably should

have known, that <insert offıcer’s name, excluding

title> was a peace officer performing or attempting to perform

(his/her) duties;

4. ’s <insert offıcer’s name, excluding title> actions were

reasonable, based on the facts or circumstances confronting (him/

her) at the time;

5. The detention and arrest of (the defendant/ <insert

name of person other than defendant who was arrested>) were

lawful and there was probable cause to detain;

[AND]

6. The defendant’s willful resistance caused (the death of/serious

bodily injury to) <insert offıcer’s name, excluding

title>(;/.)

<Give element 7 when instructing on self-defense or defense of another .>

[AND

7. The defendant did not act (in self-defense/ [or] in defense of

someone else).]

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.

In order to prove that ’s <insert offıcer’s name, excluding

title> (death/serious bodily injury) was caused by the defendant’s willful

resistance, the People must prove that:

1. A reasonable person in the defendant’s position would have

foreseen that (his/her) willful resistance could begin a chain of

events likely to result in the officer’s death or serious bodily

injury;

2. Defendant’s willful resistance was a direct and substantial factor

in causing ’s <insert offıcer’s name, excluding title>

(death/serious bodily injury);

AND

3. ’s <insert offıcer’s name, excluding title>

(death/serious bodily injury) would not have happened if the

defendant had not willfully resisted <insert offıcer’s

name, excluding title> from performing or attempting to perform

(his/her) duties.

A substantial factor is more than a trivial or remote factor. However, it

does not need to be the only factor that caused ’s <insert

offıcer’s name, excluding title> (death/serious bodily injury).

[Willful resistance may include fleeing from the officer.]

[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 person who is 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”> .]

[The duties of (a/an) <insert title of peace offıcer> include

<insert job duties>.]

[Taking a photograph or making an audio or video recording of an

executive officer while the officer is in a public place or the person taking

the photograph or making the recording is in a place where he or she

has the right to be is not, by itself, a crime.]

<When lawful performance is an issue, give the following paragraph and

Instruction 2670, Lawful Performance: Peace Offıcer .>

[A peace officer is not lawfully performing his or her duties if he or she

is (unlawfully arresting or detaining someone/ [or] using unreasonable or

CRIMES AGAINST GOVERNMENT CALCRIM No. 2655

excessive force in his or her duties). Instruction 2670 explains (when an

arrest or detention is unlawful/ [and] when force is unreasonable or

excessive).]

New January 2006; Revised August 2006, August 2016