Is a lack of intent a defense where the crime of escape has occurred?

California, United States of America


The following excerpt is from People v. Gallegos, 114 Cal.Rptr. 166, 39 Cal.App.3d 512 (Cal. App. 1974):

Lack of a specific intent to escape is not a valid defense where a completed escape has occurred. (People v. Hayes, 16 Cal.App.3d 662, 670, 94 Cal.Rptr. 222.)

If the crime of escape is completed, it is of no significance that the defendant denies an intent to escape (People v. Hayes, Supra, 16 Cal.App.3d [39 Cal.App.3d 518] 662, 668, 670, 94 Cal.Rptr. 222), so that it is proper to reject evidence showing a lack of motive or intent (People v. Hayes, Supra, 16 Cal.App.3d 662, 668, 670, 94 Cal.Rptr. 222). 2

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