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Name: In re Michele D.
Case #: B143803
District 2 DCA
Division: 2
Opinion Date: 09/26/2001
Subsequent History: Rev. granted 12/12/01.
Summary

Abduction of a non-resisting infant or child without the knowledge or permission of the parent constitutes kidnapping. The fact that “force” was not utilized does not alter this conclusion. Therefore, where appellant took a friend’s baby, pushing him in a stroller out of a store when his mother’s back was turned, with the intent to raise him herself, a petition alleging kidnapping was properly found to be true. It is inconceivable that the Legislature intended that the taking of an infant or child not be included within the scope of the statute. Where the victim is an infant or a child, overcoming resistance is not required and the element of force is satisfied by the force used to accomplish the act.