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Name: People v. Dalerio
Case #: A110408
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 11/07/2006

A kidnapping conviction is proper where a defendant deceives a child into walking a substantial distance for purpose of attack. At his trial for kidnap and attempted murder of a nine-year-old child, Dalerio moved under section 1118.1 for a judgment of acquittal on the charges, and the court denied his motion. On appeal, he argued that there was no proof independent of his statement that a kidnap occurred, because, according to the victim, she voluntarily accompanied him into the park. The appellate court rejected the argument, finding that there was sufficient evidence in the victim’s testimony to support the conviction. The statute requires a taking, and that component is satisfied where the defendant relies on deception to obtain a child’s consent to walk with him, and then, through verbal directions and his constant physical presence, takes the child a substantial distance for an illegal purpose.