Kidnapping for Ransom: Court Of Appeal Identifies Errors In CC 1202
March 30th, 2014


People v. Eid (2010) 187 Cal. App. 4th 859, 878, concluded that CC 1202 fails to clearly inform the jury that, to prove a defendant guilty of kidnapping for ransom, the People must prove, inter alia, (1) that the victim did not consent to the confinement, concealment, or other predicate act, and (2) where applicable, that the defendant did not actually and reasonably believe that the victim consented to the predicate act. CC 1202 also fails to instruct the jury on the corresponding ‘defenses’–I.e., that the defendant is not guilty if the primary victim consented to the predicate act of if the defendant reasonably believed the victim consented, and that the People still bear the burden of proving the elements that these defenses negate. [emphasis in original]

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