Kidnapping

To prove a the defendant is guilty of kidnapping, the prosecution must prove that:
(1) the defendant took, held, or detained, another person by using force or by instilling reasonable fear,
(2) using that force or fear, the defendant moved the other person, or made the other person move, a substantial distance, AND (3) the other person did not consent to the movement. If the defendant has argued that he or she had a reasonable belief that the other person consented, the prosecution must also show that:
(4) the defendant did not actually and reasonably believe that the other person consented to the movement.
Two or more persons may possess something at the same time. A person does not have to actually hold or touch something to possess it. It is enough if the person has control over it, or the right to control it, either personally or through another person. (CALCRIM No. 2960; Cal. Business and Professions Code §25662)

Substantial distance means more than a slight or trivial distance. The defendant may raise certain defenses based on consent which the prosecution must overcome. The defendant is not guilty of kidnapping if he or she reasonably and actually believed that the other person consented to the movement. The prosecution has the burden of proving beyond a reasonable doubt that the defendant did not reasonably and actually believe that the other person consented to the movement. Similarly, a defendant cannot be found guilty of kidnapping if the other person consented to go with defendant. The other person consented if he or she:
(1) freely and voluntarily agreed to go with or be moved by the defendant,
(2) was aware of the movement, AND
(3) had sufficient maturity and understanding to choose to go with the defendant. The prosecution has the burden of proving beyond a reasonable doubt that the other person did not consent to go with the defendant. Consent may be withdrawn. If a person at first agreed to go with the defendant, then later changed his or her mind and no longer freely and voluntarily agreed to go with or be moved by the defendant, the consent ended. The defendant is guilty of kidnapping if after the other person withdrew consent, the defendant committed the crime as described above.

There are many different crimes related to kidnapping. The specific crime charged will depend on the facts and circumstances of each case and the prosecution’s theory of the case. The elements explained above relate to the basic crime of kidnapping and are meant to provide general information regarding some of the most common issues presented in such cases.

If you or someone you love has been charged with kidnapping, call The Scranton Law Firm and speak with one of our experienced California criminal defense attorneys today. Consultations are always free!