CALCRIM No. 723

Complete Escape (Pen. Code, § 190.2(a)(5))

The defendant is charged with the special circumstance of murder (to

prevent arrest/ [or] to escape from custody) [in violation of Penal Code

section 190.2(a)(5)].

To prove that this special circumstance is true, the People must prove

that:

1. [The murder was committed to avoid or prevent a lawful arrest(./

;)]

[OR

2.] [The murder was committed while completing or attempting to

complete an escape from lawful custody.]

<A. Lawful Arrest>

[In order for a killing to be committed for the purpose of avoiding or

preventing a lawful arrest, a lawful arrest must be [or appear to be]

imminent.]

[Instruction 2670 explains when an officer is lawfully arresting someone.]

<B. Escape From Custody>

[A killing is committed while completing or attempting to complete escape

from lawful custody if a person is killed during the escape itself or while

the prisoner[s] (is/are) fleeing from the scene.

A killing is not committed while completing or attempting to complete

escape if the prisoner[s] (has/have) actually reached a temporary place of

safety before the killing.]

[Lawful custody includes (confinement/placement) in (county jail/prison/

the California Y outh Authority/work furlough/ <insert name

or description of other detention facility, see Pen. Code, § 4532>. [A person

is in lawful custody if he or she has been entrusted to the custody of an

officer or other individual during a temporary release from the place of

confinement.]]

New January 2006