Is a reasonable and good faith belief that the victim consented to the crime of kidnapping?

California, United States of America


The following excerpt is from People v. Anderson, 144 Cal.App.3d 55, 192 Cal.Rptr. 409 (Cal. App. 1983):

Appellant was also convicted of two counts of false imprisonment, lesser included offenses within the charged offenses of kidnaping. (See People v. Apo (1972) 25 Cal.App.3d 790, 796, 102 Cal.Rptr. 242.) At oral argument, the People conceded that a reasonable and good faith belief that the victim consented to the defendant's conduct is a defense to the crime of false imprisonment. We see no reason to reject this concession in light of the fact that a reasonable and good faith belief as to consent is a defense to kidnaping. 4 (People v. Mayberry, supra, 15 Cal.3d 143, 155, 125 Cal.Rptr. 745, 542 P.2d 1337.)

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