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Kidnapping and Attempted Kidnapping

Attempted Kidnapping Video May Lead To Arrest

The recent release of a video may lead to the arrest of an attempted kidnapping suspect. A 17-year-old girl from Northern California was grabbed while walking to school, and while being forced into a man’s car, screamed and fought him off. The suspect reportedly jumped out at the girl, which would seem to indicate that he had been waiting for her. The girl was able to beak free and the suspect then drove off. While the girl was not harmed and the suspect was not successful in his attempt to abduct her, if caught, he faces serious felony charges.

The definition of kidnapping is to move a victim from one place to another, using force or fear. Penal Code 207,208, 209 and 209.5 states that you violate kidnapping laws when you do the following:

  1. Move another person
  2. A substantial distance
  3. Without that person’s concern
  4. By using force or fear.

So what would constitute attempted kidnapping? Criminal Attempt is defined as follows: A person is guilty of an attempt to commit a crime if, acting with the kind of mental state required for commission of the crime, he intentionally: (1) engages in conduct which would constitute the crime if the attendant circumstances were as he believes them to be or (2) does or omits to do anything which, under the circumstances as he believes them to be, is an act or omission constituting a substantial step in a course of conduct planned to culminate in his commission of the crime.

The conduct must corroborate the suspect’s criminal purpose. The following are some examples of conduct that could corroborate a suspect’s criminal purpose:

  1. As in this situation, lying in wait. Also, following a victim or searching for a specific victim;
  1. Trying to entice an individual victim to go to the place where the suspect intended to commit a crime.
  1. To unlawful enter a structure, vehicle, or enclosure in which the crime will be committed;
  1. Possession of certain materials to be used in the commission of the crime;
  1. Soliciting an innocent person to engage in conduct constituting an element of the crime.

When the suspect’s conduct would otherwise constitute an attempt, it may be a defense that he changed his mind and voluntarily abandoned his effort to commit the crime.

Anyone who is being accused of kidnapping or attempted kidnapping should seek the advice and assistance of an experienced criminal defense lawyer. These types of charges are extremely serious and can result in serious consquences.