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Kidnapping to Commit Rape Based on the Use of Deception to Take Intoxicated Adult Victim

Case Name: People v. Lewis (2021) 72 Cal.App.5th 1, review granted 2/23/2022
Case #: S272627/G060049

Can a defendant be convicted of kidnapping to commit rape (Pen. Code, § 209, subd. (b)(1)) based on the use of deception, as an alternative to force or fear, to take and carry away an intoxicated adult victim?