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Name: In re Michele D.
Case #: S101922
Court: CA Supreme Court
District CalSup
Opinion Date: 12/16/2002
Subsequent History: None

The fifteen-year-old minor, Michele, lived with Dawn S. and her family, which included Dawn’s one year old daughter. Michele had been pregnant, but had just had a miscarriage. Dawn and Michele were out shopping with the baby when Michele and the baby disappeared. They were found later that the same day, and Michele told police officers that she took the baby with the hope that she could raise the child herself. Michele was convicted of kidnaping, in violation of Penal Code section 207, subdivision (a). The Supreme Court granted review in order to resolve the issue of what amount of force, if any, must be shown to sustain a conviction for kidnaping when the victim is an unresisting infant or child. In this opinion, the Court concluded that the amount of force required is simply the amount of physical force required to take and carry the child away a substantial distance for an illegal purpose or with an illegal intent.