NCJ Number
139399
Journal
Law Enforcement Quarterly Dated: (November 1992-January 1993) Pages: 5-8,31
Date Published
1992
Length
5 pages
Annotation
The successful prosecution of a case of aggravated kidnapping requires a thorough investigation based on knowledge of the elements involved in this offense, because courts have been inconsistent regarding the amount of movement of the victim required to convict for simple or aggravated kidnapping in California.
Abstract
At common law, kidnapping originally was the forcible abduction of a person from one's own country to another country. California's laws originally provided that it was sufficient that the victim was moved into another country, State, or county. In 1905, California added the provision that moving the victim into another part of the same county could be sufficient. However, the courts have consistently declined to provide specific guidelines in inches, feet, or miles. Instead, they consider individual cases and whether the space involved was a home, business, or public setting. The intent, the threat or use of force, and the increased risk of harm to the victim are also considered. Footnotes, and list of kidnapping statutes