Earlier this year, a state appellate court issued a written opinion in a California kidnapping case involving the defendant’s challenge to the sufficiency of the evidence that was used to convict him. Ultimately, the court concluded that the defendant’s act of transporting the victim 190 feet at gunpoint was sufficient to meet each of the elements of the California kidnapping statute.
In California, the crime of kidnapping is contained in section 207 of the California Penal Code. That statute prohibits someone from “forcibly, or by any other means of instilling fear, steals or takes, or holds, detains, or arrests any person in this state, and carries the person into another country, state, or county, or into another part of the same county.” Thus, to prove a case of kidnapping, the prosecution must establish that the defendant transported someone against their will.
In this case, the court explained the facts as follows: The defendant was involved in a romantic relationship with the victim for three years. According to the court’s opinion, the defendant was abusive towards his girlfriend, eventually leading to her cutting off all communication with the defendant.