CALCRIM No. 2671

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

<insert name, excluding title> was lawfully performing (his/

her) duties as a custodial officer. If the People have not met this burden,

you must find the defendant not guilty of <insert name[s] of

all offense[s] with lawful performance as an element>.

A custodial officer is not lawfully performing his or her duties if he or

she is using unreasonable or excessive force in his or her duties.

Special rules control the use of force.

A custodial officer may use reasonable force in his or her duties to

restrain a person, to overcome resistance, to prevent escape, or in self -

defense.

If a person knows, or reasonably should know, that a custodial officer is

restraining him or her, that person must not use force or any weapon to

resist an officer’s use of reasonable force.

If a custodial officer uses unreasonable or excessive force while

(restraining a person/ [or] overcoming a person’s resistance/ [or]

preventing a person from escaping/ [or] defending him - or herself from a

person), that person may lawfully use reasonable force to defend himself

or herself.

A person uses reasonable force when he or she: (1) uses that degree of

force that he or she actually believes is reasonably necessary to protect

himself or herself from the officer’s use of unreasonable or excessive

force; and (2) uses no more force than a reasonable person in the same

situation would believe is necessary for his or her protection.

New January 2006; Revised April 2010