To prove that this special circumstance is true, the People must prove that:

1. [The murder was committed to avoid or prevent a lawful arrest(./;)]

[OR

2.] [The murder was committed while completing or attempting to complete an escape from lawful custody.]

[In order for a killing to be committed for the purpose of avoiding or preventing a lawful arrest, a lawful arrest must be [or appear to be] imminent.]

[Instruction 2670 explains when an officer is lawfully arresting someone.]

[A killing is committed while completing or attempting to complete escape from lawful custody if a person is killed during the escape itself or while the prisoner[s] (is/are) fleeing from the scene.

A killing is not committed while completing or attempting to complete escape if the prisoner[s] (has/have) actually reached a temporary place of safety before the killing.]

[Lawful custody includes (confinement/placement) in (county jail/ prison/the California Youth Authority/work furlough/        
<insert name or description of other detention facility, see Pen. Code, § 4532>. [A person is in lawful custody if he or she has been entrusted to the custody of an officer or other individual during a temporary release from the place of confinement.]]