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Name: People v. Majors
Case #: S113086
Court: CA Supreme Court
District CalSup
Opinion Date: 07/01/2004
Summary

A defendant who posed as a security guard and implicitly threatened the victim with arrest if she failed to accompany him is guilty of kidnaping. The court unanimously held that where a victim enters a defendant’s vehicle under an implied threat of arrest, that threat satisfied the force or fear element of simple kidnaping under Penal Code section 207, subdivision (a). Here, there was substantial evidence to show that the victim subjectively feared arrest, and that this fear was objectively reasonable. Further, because a fear of arrest necessarily includes a fear that compliance will be exacted by force if the victim does not cooperate, the threat of force is implicit in a threat of arrest. The court cautioned, however, that it was unlikely that the Legislature intended to expand the crime of kidnaping to include movement compelled by fear of any and all negative consequences to the victim.