Tag Archives: Kidnapping

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 […]

Tags: ,

Kidnapping During Carjacking
March 20th, 2014

  People v. Ortiz (2012) 208 Cal. App. 4th 1354,, upheld CC 1204 which deals with kidnapping during a carjacking. The Court of Appeal rejected the defendants’ arguments that the court should have instructed that the offense of kidnapping during a carjacking requires that the purpose of the kidnapping was to facilitate a carjacking and, […]

Tags: , ,