Tag Archives: CC 1203


Unconstitutional Vagueness Challenge to Aggravated Kidnapping Charge (PC 209) based on Johnson v. United State (2015) 135 S.Ct. 2551 [Johnson]
October 1st, 2018

This post discussed the applicability of Johnson to inherently dangerous second degree felony murder. The same analysis could be applied to aggravated kidnapping per PC 209 which defines the required movement in terms of “risk of harm to the victim.” The Authority section of CC 1203 also states “Movement Must Substantially Increase Risk of Harm to […]


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No Requirement That The Movement Must “Substantially Increase Risk Of Harm” To The Victim
September 11th, 2015

The Authority section of CC 1203 also states “Movement Must Substantially Increase Risk of Harm to Victim,” citing People v. Dominguez (2009) 39 Cal. 4th 1141. However, the Legislature in 1997 rewrote the aggravated kidnapping statute to delete the requirement that the movement must substantially increase the risk of injury to the victim over and […]


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