California, United States of America
The following excerpt is from People v. Kahn, G050574 (Cal. App. 2016):
The Attorney General also argues that the movement of the desk clerk into the hallway subjected him to an increased risk of psychological harm because "his seclusion exacerbated the mental anguish," but cites no evidence to support it. "The essence of aggravated kidnapping is the increase in the risk of harm to the victim caused by the forced movement." (People v. Dominguez, supra, 39 Cal.4th at p. 1152, italics added.) And yet when the desk clerk was asked if he was "afraid for your life" during the robbery, he made no reference to being moved into the hallway. Instead, he made clear it was the gun and the restraints that caused him to feel that way: "Definitely. It's a gun. It's a gun pointed straight at your head while they're zip-tying you."
Finally, the Attorney General cites People v. Corcoran (2006) 143 Cal.App.4th 272, suggesting it is more on point. We cannot agree. In Corcoran, the
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