CALCRIM No. 2735. Holding a Hostage (Pen. Code, § 4503)

Judicial Council of California Criminal Jury Instructions (2022 edition)

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(ii) Hostage Taking and Rioting
2735.Holding a Hostage (Pen. Code, § 4503)
The defendant is charged [in Count ] with holding a hostage [in
violation of Penal Code section 4503].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant (held a person hostage/ [or] held a person against
his or her will, by force or threat of force, in defiance of official
orders) inside a (prison/facility under the jurisdiction of the
Department of Corrections);
AND
2. When the defendant acted, (he/she) was serving a sentence in a
[California] state prison.
A person is serving a sentence in a state prison if he or she is (confined in
<insert name of institution from Pen. Code,
§ 5003>/committed to the Department of Corrections and
Rehabilitation[, Division of Juvenile Justice,]) by an order made
according to law[, regardless of both the purpose of the (confinement/
commitment) and the validity of the order directing the (confinement/
commitment), until a judgment of a competent court setting aside the
order becomes final]. [A person may be serving a sentence in a state
prison even if, at the time of the offense, he or she is confined in a local
correctional institution pending trial or is temporarily outside the prison
walls or boundaries for any permitted purpose, including but not limited
to serving on a work detail.] [However, a prisoner who has been released
on parole is not serving a sentence in a state prison.]
New January 2006; Revised August 2016
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction defining the elements of the
crime.
In the definition of “serving a sentence in a state prison,” give the bracketed portion
that begins with “regardless of the purpose,” or the bracketed second or third
sentence, if requested and relevant based on the evidence.
AUTHORITY
Elements. Pen. Code, § 4503.
625
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Confined in State Prison Defined. Pen. Code, § 4504.
Underlying Conviction Need Not Be Valid. Wells v. California (9th Cir. 1965)
352 F.2d 439, 442.
SECONDARY SOURCES
1 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against the
Person, § 291.
CALCRIM No. 2735 CRIMES AGAINST GOVERNMENT
626
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© Judicial Council of California.