California Criminal Jury Instructions (CALCRIM) (2017)

1200. Kidnapping: For Child Molestation

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A. KIDNAPPING
(i) Aggravated
1200.Kidnapping: For Child Molestation (Pen. Code, §§ 207(b),
288(a))
The defendant is charged [in Count ] with kidnapping for the
purpose of child molestation [in violation of Penal Code section 207(b)].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant (persuaded/hired/enticed/decoyed/ [or] seduced by
false promises or misrepresentations) a child younger than 14
years old to go somewhere;
2. When the defendant did so, (he/she) intended to commit a lewd
or lascivious act on the child;
AND
3. As a result of the defendant’s conduct, the child then moved or
was moved a substantial distance.
As used here, substantial distance means more than a slight or trivial
distance. The movement must have increased the risk of [physical or
psychological] harm to the person beyond that necessarily present in the
molestation. In deciding whether the movement was sufficient, consider
all the circumstances relating to the movement.
As used here, a lewd or lascivious act is any touching of a child with the
intent of arousing, appealing to, or gratifying the lust, passions, or
sexual desires of either the perpetrator or the child. Contact with the
child’s bare skin or private parts is not required. Any part of the child’s
body or the clothes the child is wearing may be touched. [A lewd or
lascivious act includes causing a child to touch his or her own body, the
perpetrator’s body, or someone else’s body at the instigation of a
perpetrator who has the required intent.]
[Under the law, a person becomes one year older as soon as the first
minute of his or her birthday has begun.]
New January 2006; Revised February 2012, February 2013, August 2013
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BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give an instruction defining the elements of the
crime.
Give this instruction when the defendant is charged under Penal Code section
207(b) with kidnapping a child without the use of force for the purpose of
committing a lewd or lascivious act. Give CALCRIM No. 1201, Kidnapping: Child
or Person Incapable of Consent, when the defendant is charged under Penal Code
section 207(a) with using force to kidnap an unresisting infant or child, or person
with a mental impairment, who was incapable of consenting to the movement.
Give the final bracketed paragraph about calculating age if requested. (Fam. Code,
§ 6500; In re Harris (1993) 5 Cal.4th 813, 849–850 [21 Cal.Rptr.2d 373, 855 P.2d
391].)
Related Instructions
Kidnapping with intent to commit a rape or other specified sex crimes is a separate
offense under Penal Code section 209(b). (People v. Rayford (1994) 9 Cal.4th 1,
8–11 [36 Cal.Rptr.2d 317, 884 P.2d 1369].) See CALCRIM No. 1203, Kidnapping:
For Robbery, Rape, or Other Sex Offenses.
A defendant may be prosecuted for both the crimes of child abduction and
kidnapping. Child abduction or stealing is a crime against the parents, while
kidnapping is a crime against the child. (People v. Campos (1982) 131 Cal.App.3d
894, 899 [182 Cal.Rptr. 698].) See CALCRIM No. 1250, Child Abduction: No
Right to Custody.
For instructions based on violations of Penal Code section 288, see CALCRIM No.
1110, Lewd or Lascivious Acts: Child Under 14, and the following instructions in
that series.
AUTHORITY
• Elements. Pen. Code, §§ 207(b), 288(a).
Increased Prison Term If Victim Under 14 Years of Age. Pen. Code, § 208(b).
• Asportation Requirement. See People v. Robertson (2012) 208 Cal. App. 4th
965, 982 [146 Cal.Rptr.3d 66]; People v. Vines (2011) 51 Cal.4th 830, 870 &
fn. 20 [124 Cal.Rptr.3d 830, 251 P.3d 943]; People v. Martinez (1999) 20
Cal.4th 225, 232 & fn. 4 [83 Cal.Rptr.2d 533, 973 P.2d 512]; People v. Rayford
(1994) 9 Cal.4th 1, 11–14, 20 [36 Cal.Rptr.2d 317, 884 P.2d 1369]; People v.
Daniels (1969) 71 Cal.2d 1119, 1139 [80 Cal.Rptr. 897, 459 P.2d 225].
• Lewd or Lascivious Acts Defined. People v. Martinez (1995) 11 Cal.4th 434,
452 [45 Cal.Rptr.2d 905, 903 P.2d 1037] [disapproving People v. Wallace
(1992) 11 Cal.App.4th 568, 574–580 [14 Cal.Rptr.2d 67] and its progeny];
People v. Levesque (1995) 35 Cal.App.4th 530, 538–542 [41 Cal.Rptr.2d 439];
People v. Marquez (1994) 28 Cal.App.4th 1315, 1321–1326 [33 Cal.Rptr.2d
821].
CALCRIM No. 1200 KIDNAPPING
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• Movement of Victim Need Not Substantially Increase Risk of Harm to
Victim. People v. Robertson (2012) 208 Cal.App.4th 965, 982 [146
Cal.Rptr.3d 66]; People v. Vines (2011) 51 Cal.4th 830, 870 & fn. 20 [124
Cal.Rptr.3d 830, 251 P.3d 943]; People v. Martinez (1999) 20 Cal.4th 225, 232
& fn. 4 [83 Cal.Rptr.2d 533, 973 P.2d 512].
Secondary Sources
1 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against the
Person, §§ 281–282, 291.
5 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 91,
Sentencing, § 91.38[1] (Matthew Bender).
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 142,
Crimes Against the Person, § 142.14[1][a], [3] (Matthew Bender).
LESSER INCLUDED OFFENSES
• Kidnapping. Pen. Code, § 207.
Attempted Kidnapping. Pen. Code, §§ 664, 207; People v. Fields (1976) 56
Cal.App.3d 954, 955–956 [129 Cal.Rptr. 24].
False imprisonment is a lesser included offense if there is an unlawful restraint of
the child. (See Pen. Code, §§ 236, 237; People v. Magana (1991) 230 Cal.App.3d
1117, 1121 [281 Cal.Rptr. 338].)
KIDNAPPING CALCRIM No. 1200
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