The People have the burden of proving beyond a reasonable doubt that
the defendant used force or violence and caused serious bodily injury to
a peace officer. If the People have not met this burden, you must ﬁnd
that this allegation has not been proved.
New January 2006
The court has a sua sponte duty to give this instruction deﬁning the elements of
the sentencing factor.
This instruction must be given with CALCRIM No. 2762, Escape After Remand or
Arrest. The court must provide the jury with a verdict form on which the jury will
indicate if the prosecution has or has not been proved the additional allegation of
the use of force.
If causation is at issue, the court has a sua sponte duty to instruct on proximate
cause. (People v. Bernhardt (1963) 222 Cal.App.2d 567, 590–591 [35 Cal.Rptr.
401].) If the evidence indicates that there was only one cause of injury, the court
should give the “direct, natural, and probable” language in the ﬁrst bracketed
paragraph on causation. If there is evidence of multiple causes of injury, the court
should also give the “substantial factor” instruction in the second bracketed
paragraph on causation. (See People v. Autry (1995) 37 Cal.App.4th 351, 363 [43
Cal.Rptr.2d 135]; People v. Pike (1988) 197 Cal.App.3d 732, 746–747 [243
Give the bracketed paragraph that begins with “The People must prove that the
defendant personally” if this is an issue in the case. (People v. Moretto (1994) 21
Cal.App.4th 1269, 1278 [26 Cal.Rptr.2d 719].) Give also CALCRIM No. 400,
Aiding and Abetting: General Principles, and CALCRIM No. 401, Aiding and
Abetting: Intended Crimes.
The jury must determine whether the person who arrested the defendant is a peace
officer. (People v. Brown (1988) 46 Cal.3d 432, 444–445 [250 Cal.Rptr. 604, 758
P.2d 1135].) The court may instruct the jury on the appropriate deﬁnition of “peace
officer” from the statute (e.g., “a Garden Grove Regular Police Officer and a
Garden Grove Reserve Police Officer are peace officers”). (Ibid.) However, the
court may not instruct the jury that the person was a peace officer as a matter of
law (e.g., “Officer Reed was a peace officer”). (Ibid.)
• Enhancement. Pen. Code, § 836.6.
•Force or Violence Deﬁned. People v. Lozano (1987) 192 Cal.App.3d 618, 627
[237 Cal.Rptr. 612]; People v. Bravott (1986) 183 Cal.App.3d 93, 97 [227
• Defendant Must Personally Use Force or Aid and Abet Another. People v.
CRIMES AGAINST GOVERNMENT CALCRIM No. 2763