CALCRIM No. 3261

The People must prove that <insert allegation, e.g., the

defendant personally used a firearm> while committing [or attempting to

commit] <insert felony or felonies>.

<Give one or more bracketed paragraphs below depending on crime[s]

alleged.>

<Robbery>

[The crime of robbery [or attempted robbery] continues until the

perpetrator[s] (has/have) actually reached a place of temporary safety.

The perpetrator[s] (has/have) reached a place of temporary safety if:

• (He/She/They) (has/have) successfully escaped from the scene;

[and]

• (He/She/They) (is/are) not or (is/are) no longer being chased(;

[and]/.)

• [(He/She/They) (has/have) unchallenged possession of the

property(; [and]/.)]

• [(He/She/They) (is/are) no longer in continuous physical control of

the person who is the target of the robbery.]]

<Burglary>

[The crime of burglary [or attempted burglary] continues until the

perpetrator[s] (has/have) actually reached a place of temporary safety.

The perpetrator[s] (has/have) reached a place of temporary safety if (he/

she/they) (has/have) successfully escaped from the scene[,] [and] (is/are)

no longer being chased[, and (has/have) unchallenged possession of the

property].]

<Sexual Assault>

[The crime of <insert sexual assault alleged> [or attempted

<insert sexual assault alleged>] continues until the

perpetrator[s] (has/have) actually reached a place of temporary safety.

The perpetrator[s] (has/have) reached a place of temporary safety if (he/

she/they) (has/have) successfully escaped from the scene[,] [and] (is/are)

no longer being chased[, and (is/are) no longer in continuous physical

control of the person who was the target of the crime].]

<Kidnapping>

[The crime of kidnapping [or attempted kidnapping] continues until the

perpetrator[s] (has/have) actually reached a place of temporary safety.

The perpetrator[s] (has/have) reached a place of temporary safety if (he/

she/they) (has/have) successfully escaped from the scene, (is/are) no

longer being chased, and (is/are) no longer in continuous physical control

of the person kidnapped.]

<Other Felony>

[The crime of <insert felony alleged> [or attempted

<insert felony alleged>] continues until the perpetrator[s]

(has/have) actually reached a place of temporary safety. The

perpetrator[s] (has/have) reached a place of temporary safety if (he/she/

they) (has/have) successfully escaped from the scene and (is/are) no

longer being chased.]

New January 2006; Revised August 2006, August 2013, September 2024*

* Denotes changes only to bench notes and other commentaries.