Kidnapping for Robbery

Kidnapping for Robbery Kidnapping a person to commit a robbery is an aggravated kidnapping. 1 The crime has additional elements beyond simple kidnapping to accomplish its commission.

Kidnapping for robbery requires that the defendant kidnap or carry away the victim. The victim of the kidnap need not be the victim of the robbery. The crime is committed where the defendant “kidnaps or carries away any individual”2 to facilitate the robbery.

There is no requirement that the robbery be completed only that the perpetrator intended to complete the robbery. However, if someone forms the intent to rob after the kidnap is committed it is not a kidnap to rob.3

A robbery is confined neither to a fixed locus nor to the act of taking property from the victim. It may extend over a considerable distance and time, and includes the robber's escape. A person may be convicted of attempted kidnapping for robbery if the kidnapping is thwarted by victim's escape. 4

Asportation

Asportation

Asportation or movement is a necessary element of kidnapping for robbery. The movement must be more than an incidental movement required to commit the underlying offense, and it must increase the risk of harm or injury to the victim.5

A movement considered substantial is not incidental for the commission of this crime.6

Determining what is substantial involves the nature of the movement not necessarily only the distance, although distance may be a factor. 7



1 Section 209(b)(1) of the California Penal Code.

2 Section 209(b) of the California Penal Code; People v. Laursen (1972) 8 C.3d 192, 198, 199, 210, 104 C.R. 425, 501 P.2d 1145; People v. Kristy (1935) 4 C.2d 504, 507, 50 P.2d 798 ; People v. Raucho (1935) 8 C.A.2d 655, 664, 47 P.2d 1108; People v. Monk (1961) 56 C.2d 288, 295, 14 C.R. 633, 363 P.2d 865.

3 People v. Lindsay (1964 ) 227 C.A.2d 482, 509, 38 C.R. 755; People v. Cleveland (1972) 27 C.A.3d 820, 826, 827, 104 C.R. 161.

4 People v. Mullins (1992) 6 C.A.4th 1216, 1219, 1221, 8 C.R.2d 289; People v. Hernandez (1950) 100 C.A.2d 128, 132, 223 P.2d 71; People v. Lewis (2008) 43 C.4th 415, 518, 519, 75 C.R.3d 588, 181 P.3d 947; People v. Beaumaster (1971) 17 C.A.3d 996, 95 C.R. 360.

5 Section 209(b)(2) of the California Penal Code; People v. Smith (1963) 223 C.A.2d 225, 35 C.R. 719.

6 People v. Gonzales (1994) 21 C.A.4th 1648, 26 C.R.2d 773.

7 People v. Alcala (1984) 36 C.3d 604, 622, 205 C.R. 775, 685 P.2d 1126; People v. Phillips (1959) 173 C.A.2d 349, 351, 343P.2d 270.