NCJ Number
66542
Date Published
1979
Length
0 pages
Annotation
THE DISTINCTION BETWEEN SIMPLE AND AGGRAVATED KIDNAPPING AND THE OFFENSES OF FALSE IMPRISONMENT AND CHILD ABDUCTION ARE DESCRIBED THROUGH A SERIES OF DRAMATIZED INCIDENTS.
Abstract
AN ANGRY CUSTOMER THREATENS A BARTENDER AND DANCER WITH A BROKEN BOTTLE AND MOVES THEM INTO AN ADJOINING ROOM. ACCORDING TO THE FILM, THIS IS NOT KIDNAPPING BUT FALSE IMPRISONMENT, DEFINED IN THE CALIFORNIA PENAL CODE AS THE 'UNLAWFUL VIOLATION OF THE PERSONAL LIBERTY OF ANOTHER.' ELEMENTS OF A DEFINITION OF SIMPLE KIDNAPPING ARE GIVEN, AND DRAMATIZED SCENES ARE SHOWN THAT MIGHT SATISFY ONE OR MORE ELEMENTS OF THE DEFINITION. THE FILM DEPICTS SIMPLE KIDNAPPING AS DEFINED BY SECTION 207 OF THE CALIFORNIA PENAL CODE, WHICH PROSCRIBES THE ACT OF ONE WHO 'FORCIBLY STEALS, TAKES, OR ARRESTS ANY PERSON IN THIS STATE AND CARRIES HIM INTO ANOTHER COUNTRY, STATE, OR COUNTY, OR INTO ANOTHER PART OF THE SAME COUNTY...' KEY ELEMENTS ARE THE REASONABLE APPREHENSION OF THE VICTIM AS TO IMMINENT HARM OR INJURY IF THE ABDUCTION AND THE REQUIREMENT OF SUBSTANTIAL MOVEMENT OR ASPORTATION. ALSO SHOWN ARE SCENES EXPLAINING THE ELEMENTS OF AGGRAVATED KIDNAPPING, INCLUDING KIDNAPPING FOR ROBBERY AND FOR RANSOM--THE ONLY AGGRAVATED KIDNAPPING ENCOMPASSED BY THE CALIFORNIA PENAL CODE. THE RELATED KIDNAPPING OFFENSE OF CHILD ABDUCTION IS ILLUSTRATED THROUGH A DRAMATIZED INCIDENT OF A GRANDFATHER FORCIBLY TAKING HIS GRANDSON HOME WITH HIM. AN ACCOMPANYING TRAINING MANUAL DELINEATES THE COMPONENTS OF SIMPLE AND AGGRAVATED KIDNAPPING AND THEIR RELATED OFFENSES, AS WELL AS THE PENALTIES UNDER CALIFORNIA LAW, AND DISCUSSES RULINGS OF OTHER JURISDICTIONS. (AOP)