Posted On: January 13, 2010
CALIFORNIA CRIMINAL DEFENSE: FALSE IMPRISONMENT OF A CHILD
In Michele D. (29 C4th 600), the CalIfornia Supreme Court examined the issue of
when a young child, too young to consent, can be kidnapped. The Michele D. rule is that the amount of force required to kidnap a child is the amount of physical force necessary to take and carry the child away for a substantial distance, and for an illegal purpose or with an illegal intent. This California Court of Appeal applies the Michele D. rule to false imprisonment, PC 236.
People v. Dominguez; 2010 DJ DAR 486; DJ, 1/12/10; C/A 2nd, Div. 5
