� RESTRAINT AND CONFINEMENT (MORE ON EACH) BY FORCE
� WHICH IS ILLEGAL (MORE FOLLOWS)
� MISD. UNLESS COMMITTED BY VIOLENCE, FRAUD, DECEIT, MENACE. THEN A FELONY
RESTRAINT
� ACTUAL OR CONSTRUCTIVE FORCE
� �YOU�RE NOT UNDER ARREST, BUT I�M GOING TO HANDCUFF YOU FOR YOUR SAFETY AND MINE� IS FALSE IMPRISONMENT
� FALSE ARREST = FALSE IMPRISONMENT
CONFINEMENT
� INTERPRETED BROADLY
� ANY EXPRESS OR IMPLIED FORCE SUFFICIENT
� CRIME COMMITTED EVEN IF PERSON VOLUNTARILY SUBMITS TO OFFICER THREATENING AN ARREST
LEGAL v. ILLEGAL RESTRAINT
� MISD. COMMITTED IN PRESENCE OF PERSON MAKING ARREST, OR
� PROBABLE CAUSE IN A FELONY, OR
� ARREST WARRANT = LEGAL RESTRAINT
ARREST BY PRIVATE PERSON
� MAY USE REASONABLE RESTRAINT TO MAKE ARREST
� OFFICER NEVER LIABLE IN PRIVATE PERSON�S ARREST
GENERAL INTENT KIDNAPPING
� �SIMPLE� KIDNAPPING
� FALSE ARREST + MOVEMENT
� THE PURPOSE OF THIS CRIME? NONE.
� HOW MUCH MOVEMENT? �SUBSTANTIAL�
� CASE LAW DEFINITION OF "SUBSTANTIAL = 90 FT. IS INADEQUATE, � BLOCK IS SUFFICIENT.
SPECIFIC INTENT KIDNAPPING
� KIDNAPPING FOR:
� CHILD MOLEST
� INVOLUNTARY SERVITUDE
� RANSOM
� EXTORTION
� ANY SEX CRIME
MOVEMENT REQUIREMENTS
� KIDNAPPING FOR CHILD MOLEST AND INVOLUNTARY SERVITUDE = SUBSTANTIAL MOVEMENT
� KIDNAPPING FOR RANSOM, EXTORTION, ANY SEX CRIME = �INCREASED RISK OF HARM�
PUNISHMENTS FOR KIDNAPPING
� �SIMPLE� KIDNAPPING, KIDNAPPING FOR CHILD MOLEST, INVOLUNTARY SERVITUDE = DETERMINATE PRISON SENTENCE
PUNISHMENTS FOR KIDNAPPING
� KIDNAPPING FOR RANSOM, EXTORTION, ROBBERY, SEX CRIMES ...
� LIFE WITH POSSIBILITY OF PAROLE IF NO DEATH, OR BODILY HARM (DEFINED NEXT) TO VICTIM
� IF DEATH OR BODILY HARM = LWOP
�BODILY HARM� IN KIDNAPPING
� NOT TRIVIAL INJURIES
� NOT SELF-INFLICTED INJURIES WHILE ESCAPING
� INJURIES THROUGH JUMPING FROM KIDNAPPER�S MOVING CAR WERE BODILY HARM
�SIMPLE� KIDNAPPING AND PC 654
� IF CONVICTED OF �SIMPLE KIDNAPPING� AND RAPE...
� PC 654 REQUIRES THAT ONE OVERALL CRIMINAL INTENT = CONCURRENT SENTENCES
� EVEN IF SEVERAL CRIMES COMMITTED
SPECIFIC INTENT KIDNAPPING AND PC 654
� IF CONVICTED OF KIDNAPPING FOR RANSOM, EXTORTION, ANY SEX CRIME
� AND CONVICTED OF LESSER CRIME
� STILL ONLY ONE SENTENCE, BUT THE KIDNAPPING SENTENCE IS HIGHEST
CHILD ABDUCTION
� NOT HAVING CUSTODY, TAKING OR HIDING A CHILD � WOBBLER
� HAVING CUSTODY � VIOLATING COURT ORDER FOR VISITATION � WOBBLER
� WHEN CUSTODY DISPUTED, OFFICER MUST TAKE CHILD INTO PROTECTIVE CUSTODY
RAPE
� SEXUAL INTERCOURSE (PENILE/VAGINAL PENETRATION)
� WITHOUT CONSENT (MORE)
� WITH SOMEONE OTHER THAN SPOUSE (SEPARATE CRIME FOR SPOUSAL RAPE)
� ANY PENETRATION SUFFICIENT
� VICTIM MAY BE OF EITHER SEX, BUT AT LEAST ONE MALE, ONE FEMALE REQUIRED
� NO REQUIREMENT TO RESIST
�WITHOUT CONSENT� IN RAPE
� PHYSICAL OR MENTAL INABILITY TO CONSENT
� FORCE OR THREAT OF FORCE
� FEAR OF INJURY (NO ACTUAL INJURY REQUIRED)
� VICTIM DRUNK OR DRUGGED
� BELIEVES SUSPECT IS SPOUSE
� THREAT TO RETALIATE
� THREAT TO ARREST, DEPORT
�RAPE� BY INSTRUMENT
� UNDER SAME CIRCUMSTANCES AS RAPE
� PENETRATION OF VAGINAL OR ANAL OPENING ...
� WITH ANYTHING (OTHER THAN A PENIS)
SPOUSAL RAPE
� ESSENTIALLY THE SAME AS RAPE, BUT ...
� WITH SPOUSE, AND ...
� MUST BE REPORTED WITHIN A YEAR IF UNCORROBORATED
� A FELONY
UNLAWFUL SEXUAL INTERCOURSE (WOBBLER)
� FORMERLY �STATUTORY RAPE�
� SEXUAL INTERCOURSE
� WITH ANYONE UNDER 18 (BOY OR GIRL)
� BY ANYONE (INCL. BOYS AND GIRLS UNDER 18)
� WITH OR WITHOUT CONSENT
� APPARENT AGE A DEFENSE
� MUST BE IN �GOOD FAITH�
� EXCLUDES UNDER 18 AND MARRIED, BUT ONLY WITH SPOUSE
� INCREASED PENALTIES IF DONE BY SOMEONE OVER 21 TO SOMEONE UNDER 16