CALCRIM No. 2760

The defendant is charged [in Count] with (escape/ [or]

attempting to escape) [in violation of Penal Code section 4532].

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

prove that:

1. The defendant was a prisoner who had been ((arrested and

booked for[,]/ [or] charged with[,]/ [or] convicted of) a

(misdemeanor/felony)/committed by order of the juvenile court to

an adult facility);

<Alternative 2A—confined in penal institution>

[2. The defendant was confined in (a/an) (county jail/city jail/prison/

industrial farm/industrial road camp);]

<Alternative 2B—engaged in county work>

[2. The defendant was working on (a county road/ [or other] county

work) as an inmate;]

<Alternative 2C—lawful custody>

[2. The defendant was in the lawful custody of (an officer/ [or] a

person);]

<Alternative 2D—work furlough>

[2. The defendant was confined in (a/an) (county jail/city jail/prison/

industrial farm/industrial road camp) but was authorized to be

away from the place of confinement in connection with a work

furlough program;]

<Alternative 2E—temporary release>

[2. The defendant was confined in (a/an) (county jail/city jail/prison/

industrial farm/industrial road camp) but was away from the

place of confinement in connection with an authorized temporary

release;]

<Alternative 2F—home detention>

[2. The defendant was a participant in a home detention program;]

<Alternative 2G—confined under Pen. Code, § 4011.9>

[2. The defendant was confined as an inmate in a hospital for

treatment even though no guard was present to detain the

defendant;]

AND

<Alternative 3A—confined in penal institution>

[3. The defendant (escaped/ [or] attempted to escape) from the (jail/

prison/farm/camp).]

<Alternative 3B—engaged in county work>

[3. The defendant (escaped/ [or] attempted to escape) from the

custody of the (officer/ [or] person in charge of (him/her)) while

engaged in work at, or going to or returning from, the county

work site.]

<Alternative 3C—lawful custody>

[3. The defendant (escaped/ [or] attempted to escape) from the

custody of the (officer/ [or] person) who had lawful custody of the

defendant.]

<Alternative 3D—work furlough>

[3. The defendant (escaped/ [or] attempted to escape) from the (jail/

prison/farm/camp) by failing to return to the place of

confinement.]

<Alternative 3E—temporary release>

[3. The defendant (escaped/ [or] attempted to escape) from the (jail/

prison/farm/camp) by failing to return to the place of

confinement.]

<Alternative 3F—home detention>

[3. The defendant (escaped/ [or] attempted to escape) from the place

of confinement in the home detention program.]

<Alternative 3G—confined under Pen. Code, § 4011.9>

[3. The defendant (escaped/ [or] attempted to escape) from the place

of hospital confinement.]

[A person has been booked for a (misdemeanor/felony) if he or she has

been taken to a law enforcement office where an officer or employee has

recorded the arrest and taken the person’s fingerprints and photograph.]

[A person has been charged with a (misdemeanor/felony) if a formal

complaint, information, or indictment has been filed in court alleging

that the person committed a crime.]

Escape means the unlawful departure of a prisoner from the physical

limits of his or her custody. [It is not necessary for the prisoner to have

left the outer limits of the institution’s property. However, the prisoner

must breach a wall or fence marking the security perimeter of the

CRIMES AGAINST GOVERNMENT CALCRIM No. 2760

correctional facility. It is not sufficient for the prisoner to be merely

outside the particular area within the facility where he or she is

permitted to be.]

[A prisoner also escapes if he or she willfully fails to return to his or her

place of confinement within the period that he or she was authorized to

be away from that place of confinement. Someone commits an act

willfully when he or she does it willingly or on purpose.]

[A prisoner is in the lawful custody of (an officer/ [or] a person) if the

(officer/ [or] person), acting under legal authority, physically restrains or

confines the prisoner so that the prisoner is significantly deprived of his

or her freedom of movement or the prisoner reasonably believes that he

or she is significantly deprived of his or her freedom of movement.]

New January 2006; Revised August 2013