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?
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