Skip to content
Name: People v. Luna
Case #: G045098
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 09/18/2012

Penal Code section 667.61, subdivision (e)(1) (“One Strike” law) does not require that defendant kidnap the victim with the intent to commit the sexual offense. Appellant was convicted of kidnapping (Pen. Code, § 207, subd. (a)) and rape (Pen. Code, § 261, subd. (a)(2)). Additionally, the jury found true an allegation that appellant kidnapped the victim in the commission of rape pursuant to section 667.61, subdivision (e)(1), thereby subjecting appellant to a sentence of 15 years to life under the “One Strike” law. The court rejected appellant’s contention that in order to impose the life sentence, the kidnapping must be with the intent to commit a sexual offense. The plain language of section 667.61, subdivision (e)(1), states that a circumstance subjecting a defendant convicted of rape to the life sentence is that the defendant kidnapped the victim in violation of section 207, 209, or 209.5. Section 207, subdivision (a) provides that a person who forcibly takes another into another part of the county (irrespective of intent) is guilty of kidnapping. With this language, to fall within the provisions of the “One Strike” law, kidnapping need not be with the intent to commit the sexual offense. This plain language is reinforced by the legislative history of the statute demonstrating that the Legislature found it appropriate to require heightened punishment for the defendant who targets the same victim for multiple dangerous and serious felonies.