1603.Robbery: Intent of Aider and Abettor
To be guilty of robbery as an aider and abettor, the defendant must
have formed the intent to aid and abet the commission of the robbery
before or while a perpetrator carried away the property to a place of
A perpetrator has reached a place of temporary safety with the
property if he or she has successfully escaped from the scene, is no
longer being pursued, and has unchallenged possession of the property.
New January 2006
The court has a sua sponte duty to give this instruction when the defendant is
charged with aiding and abetting a robbery and an issue exists about when the
defendant allegedly formed the intent to aid and abet. (People v. Cooper (1991) 53
Cal.3d 1158, 1165–1166 [282 Cal.Rptr. 450, 811 P.2d 742] [defendant who drove
get-away car asserted he did not intend to aid and abet at time of robbery].)
This instruction must be given with CALCRIM No. 401, Aiding and Abetting:
Do not give this instruction if the defendant is charged with felony murder.
Do not give CALCRIM No. 3261, In Commission of Felony: Deﬁned-Escape Rule
as a substitute for this instruction.
• Aider and Abettor to Robbery—When Intent Formed. People v. Cooper (1991)
53 Cal.3d 1158, 1165–1166 [282 Cal.Rptr. 450, 811 P.2d 742].
• Place of Temporary Safety. People v. Fields (1983) 35 Cal.3d 329, 364–368
[197 Cal.Rptr. 803, 673 P.2d 680]; People v. Johnson (1992) 5 Cal.App.4th 552,
560 [7 Cal.Rptr.2d 23].
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 140,
Challenges to Crimes, § 140.10, Ch. 142, Crimes Against the Person,
§ 142.10[b], [e] (Matthew Bender).
Place of Temporary Safety Based on Objective Standard
Whether the defendant had reached a place of temporary safety is judged on an
objective standard. The “issue to be resolved is whether a robber had actually
reached a place of temporary safety, not whether the defendant thought that he or