1241.False Imprisonment: Hostage (Pen. Code, §§ 210.5, 236)
The defendant is charged [in Count ] with false imprisonment of
a hostage [in violation of Penal Code section 210.5].
To prove that the defendant is guilty of this crime, the People must
1. The defendant faced a threat or risk of imminent arrest;
2. The defendant (restrained[,]/ [or] conﬁned[,]/ [or] detained)
another person by force or by a threat to use force;
3. The defendant intended to protect (himself/herself) against the
threat of imminent arrest by restraining the other person;
4. The defendant made the other person stay or go somewhere
against that person’s will;
5. The defendant either substantially increased the risk of [physical
or psychological] harm to the (restrained[,]/ [or] conﬁned[,]/ [or]
detained) person or intended to use that person as a shield.
[An act is done against a person’s will if that person does not consent to
the act. In order to consent, a person must act freely and voluntarily
and know the nature of the act.]
[False imprisonment does not require that the person restrained be
conﬁned in jail or prison.]
New January 2006
The court has a sua sponte duty to give an instruction deﬁning the elements of the
Give the bracketed deﬁnition of “against a person’s will” on request.
Give the ﬁnal paragraph on request to inform jurors that false “imprisonment” is
not limited to conﬁnement in jail or prison. (People v. Agnew (1940) 16 Cal.2d
655, 659 [107 P.2d 601]; People v. Haney (1977) 75 Cal.App.3d 308, 313 [142
• Elements. Pen. Code, §§ 210.5, 236.
•Imminent Arrest. People v. Gomez (1992) 2 Cal.App.4th 819, 825 [3