Can a person who is not the actual killer of a child be subject to life without parole for a kidnapping special-circumstance murder?

California, United States of America


The following excerpt is from People v. Gonzales, 2d Crim. No. B264384 (Cal. App. 2018):

A person who is not the actual killer may be subject to life without the possibility of parole for a kidnapping special-circumstance murder only if he either (1) intends to kill ( 190.2, subd. (c)); or (1) acts with "reckless indifference to human life" and (2) "as a major participant," aids, abets, counsels, commands, induces, solicits, requests, or assists in the commission of the kidnapping ( 190.2, subd. (d); People v. Banks (2015) 61 Cal.4th 788, 797-798 (Banks)).

Other Questions


Is a person who kidnaps or carries away another person to commit robbery guilty of aggravated kidnapping? (California, United States of America)
What is the effect of a single multiple-murder special circumstance finding on a sentence of life without parole for each first-degree murder conviction? (California, United States of America)
Is a convicted murderer who is serving a minimum term of life imprisonment for first-degree murder subject to lifetime parole supervision? (California, United States of America)
What is the effect of commuting a sentence of life without possibility of parole on a defendant convicted of conspiracy to commit murder, and 11 counts of deliberate and premeditated murder? (California, United States of America)
Does a sentence of life without the possibility of parole apply to a convicted murderer who was convicted of murder under section 190.3.2 of the California Criminal Code? (California, United States of America)
How does the felony-murder special circumstance apply to a person other than the actual killer? (California, United States of America)
Can a defendant be found guilty of aiding and abetting a murder if the actual perpetrator of the same murder is convicted of murder? (California, United States of America)
Can a defendant charged with the murder or attempted murder of an intended target also be convicted of the murder of other, nontargeted persons? (California, United States of America)
In what circumstances will the Attorney General argue that section 190.2(b) of the California Criminal Code does not require that the actual killer be a person who personally kills but rather one who proximately causes the death? (California, United States of America)
Can a defendant charged with the murder or attempted murder of an intended target also be convicted of the murder of another person? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.