CALCRIM No. 2763

Code, § 836.6)

If you find the defendant guilty of (escape/ [or] attempted escape)

following (remand/arrest), you must then decide whether the People have

proved the additional allegation that the defendant used force or violence

and caused serious bodily injury to a peace officer.

To prove this allegation, the People must prove that:

1. The defendant committed the (escape/ [or] attempted escape) by

force or violence;

AND

2. The defendant caused serious bodily injury to a peace officer.

As used here, using force or violence means the wrongful application of

physical force against the person of another. To use force against a

person means to touch the other person in a harmful or offensive

manner.

[The People must prove that the defendant personally used force or

violence or aided and abetted another in using force or violence. Mere

knowledge that someone else used force or violence is not enough.

Instruction[s] <insert instruction numbers; see Bench Notes>

explain[s] when a person aids and abets another.]

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).

[An act causes bodily injury to another person if the injury is the direct,

natural, and probable consequence of the act and the 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 of the circumstances established by the evidence.]

[There may be more than one cause of injury. An act causes bodily

injury to another person only if it is a substantial factor in causing the

injury. A substantial factor is more than a trivial or remote factor.

However, it does not need to be the only factor that causes the injury.]

A sworn member of <insert name of agency that employs

peace offıcer>, authorized by <insert appropriate section

from Pen. Code, § 830 et seq.> to <describe statutory