PC 207(a) Kidnapping Requires Force, Not Just Deception
September 16th, 2021

CJ 1201 states that the defendant must use either force or deception to move a victim. However, while “deception may certainly supplement force, it cannot supplant it.” (People v. Nieto (2021) 62 Cal.App.5th 188, ___[276 Cal. Rptr. 3d 379, 383].) Accordingly, “because deception is not an alternative to force under [PC] 207 subdivision (a), [CC].1201 is wrong and inapplicable in cases involving kidnapping ‘by deception alone …’ {Citation].” (Nieto, supa, 276 Cal. Rptr. 3d at 386.)

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