Does section 207, subdivision (a) of the California Criminal Code, specify that kidnapping can be committed by force or by any other means of instilling fear?

California, United States of America

The following excerpt is from People v. Rodriguez, E054701 (Cal. App. 2013):

child is asported for an improper purpose.¹³ (Id. at pp. 606-609.) Similarly, in People v. Majors, supra, 33 Cal.4th 321, the court held that since the 1990 amendment which added the phrase "'or by any other means of instilling fear,'" the concepts of force and fear are intertwined in section 207, subdivision (a), and implied, at least, that force which is not objectively sufficient to instill fear does not suffice. (Id. at pp. 326-327, 331.) Consequently, by stating that kidnapping may be committed by "force or fear" rather than "'by force or by any other means of instilling fear,'" CALCRIM No. 1215 is incorrect.

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