SERIES 1200 KIDNAPPING
F 1204 NOTES
TABLE OF CONTENTS
F 1204 Note 1 Kidnapping: During Carjacking—CALCRIM Cross-References And Research Notes
F 1204 Note 2 “Substantial Distance” Unconstitutionally Vague
F 1204 Note 3 Kidnapping: Convictions For Both Simple And Aggravated Kidnapping Not Permissible For The Same Course Of Conduct
F 1204 Note 4 Kidnapping During Carjacking (PC 209.5): Includes Kidnapping To Effect Escape Or Prevent Sounding Of Alarm
F 1204 Note 5 Simple Carjacking As Lesser Charge Of Kidnapping For Carjacking
F 1204 Note 6 Carjacking: Constitutional Challenge To “From The Vicinity” Language Of PC 209.5
F 1204 Note 7 Increase In Harm To Victim Must Be Substantial
F 1204 Note 8 Kidnapping During Carjacking (PC 209.5): Includes Kidnapping To Effect Escape Or Prevent Sounding Of Alarm
F 1204 Note 9 Kidnapping For Carjacking: No Requirement That Movement “Substantially” Increase The Risk Of Harm To The Victim
F 1204 Note 10 Attempted Kidnapping For Carjacking (PC 209.5): Completed Carjacking Is A Required Element
F 1204 Note 11 Fraud or False Promises As “Force Or Fear”
Return to Series 1200 Table of Contents.
F 1204 Note 1Kidnapping: During Carjacking—CALCRIM Cross-References And Research Notes
CALCRIM Cross-References:
CALCRIM 1200 [Kidnapping: For Child Molestation]
CALCRIM 1201 [Kidnapping: Child or Person Incapable of Consent]
CALCRIM 1202 [Kidnapping: For Ransom, Reward, or Extortion]
CALCRIM 1203 [Kidnapping: For Robbery, Rape, or Other Sex Offenses]
CALCRIM 1215 [Kidnapping]
Research Notes:
See CLARAWEB Forum, Kidnapping—Series 1200.
F 1204 Note 2 “Substantial Distance” Unconstitutionally Vague
See FORECITE F 1203 Note 2.
F 1204 Note 3 Kidnapping: Convictions For Both Simple And Aggravated Kidnapping Not Permissible For The Same Course Of Conduct
See FORECITE F 1203 Note 2.
F 1204 Note 4 Kidnapping During Carjacking (PC 209.5): Includes Kidnapping To Effect Escape Or Prevent Sounding Of Alarm
In People v. Perez (2000) 84 CA4th 856 the court analogized kidnapping during the commission of a carjacking to kidnapping during the commission of a robbery. “[I]f there is substantial evidence that appellant intended the kidnapping to effect an escape or prevent an alarm from being sounded, his conviction for kidnapping during the commission of a carjacking must stand.” (Perez, 84 CA4th at 861.)
CALJIC NOTE: See FORECITE F 9.50 n11.
F 1204 Note 5 Simple Carjacking As Lesser Charge Of Kidnapping For Carjacking
The crime of carjacking (PC 215) is a necessarily lesser included offense within the crime of kidnapping to facilitate carjacking (PC 209.5). (See People v. Contreras (1997) 55 CA4th 760.)
CALJIC NOTE: See FORECITE F 9.54.1 n1.
F 1204 Note 6 Carjacking: Constitutional Challenge To “From The Vicinity” Language Of PC 209.5
The “vicinity” language of PC 209.5 is subject to constitutional challenge on vagueness grounds. (But see People v. Moore (1999) 75 CA4th 37 [rejecting argument that the term “vicinity” is unconstitutionally vague]; see also People v. Ervin (1997) 53 CA4th 1323 [robbery in vicinity of ATM machine]; People v. Superior Court (Caswell) (1988) 46 C3d 381, 400 [phrase “in or about”].)
CAVEAT: Even though this argument has been rejected by an intermediate state appellate court, it may still be viable in other state courts or federal court.
[See Brief Bank # B-820 for briefing on this issue.]
(See also FORECITE F 9.55 n1.)
CALJIC NOTE: See FORECITE F 9.54.1 n2.
F 1204 Note 7 Increase In Harm To Victim Must Be Substantial
[See Brief Bank # B-821forbriefing on this issue.]
CALJIC NOTE: See FORECITE F 9.54.1 n3.
F 1204 Note 8 Kidnapping During Carjacking (PC 209.5): Includes Kidnapping To Effect Escape Or Prevent Sounding Of Alarm
(See FORECITE F 9.50 n11.)
CALJIC NOTE: See FORECITE F 9.54.1 n4.
F 1204 Note 9 Kidnapping For Carjacking: No Requirement That Movement “Substantially” Increase The Risk Of Harm To The Victim
See People v. Medina (2007) 41 C4th 685
F 1204 Note 10Attempted Kidnapping For Carjacking (PC 209.5): Completed Carjacking Is A Required Element
See People v. Navarro (2006) 40 C4th 668, 673-74. A person commits an attempted violation of PC 209.5(a) by attempting to kidnap while committing a carjacking, but not by attempting to kidnap, or by kidnapping, while merely attempting to carjack. (Ibid.)
CALJIC NOTE: See FORECITE F 9.54.1 n6.
F 1204 Note 11 Fraud Or False Promises As “Force Or Fear”
See FORECITE F 1203 Note 10.
