Is kidnapping for ransom a lesser included crime of a greater charge?

The issue before us does not fit precisely into any of the foregoing rules. Defendants stand convicted of two uncharged lesser included offenses of a greater charge, but neither lesser included offense is a lesser included offense of the other. At most, the lesser included offenses are lesser related offenses of each other. A lesser related offense is not "necessarily included in the stated charge, but merely bear[s] some conceptual and evidentiary relationship thereto." ( People v. Birks, supra, 19 Cal.4th at p. 112, 77 Cal.Rptr.2d 848, 960 P.2d 1073.)

We have not found, nor have the parties pointed us to, any published authority on this issue. Presumably the issue does not arise very often. It arises here because the charged greater crime kidnapping for ransom involves a primary victim (who is kidnapped) and "a secondary victim (who is subjected to a ransom or extortion demand)." ( People v. Eid, supra, 187 Cal.App.4th at p. 868, 114 Cal.Rptr.3d 520.) In effect, the offense of kidnapping for ransom, like other forms of aggravated kidnapping, combines two non-overlaying crimes. Thus, kidnapping for ransom subsumes lesser included offenses, like extortion and simple kidnapping, that are "related" to each other in a non-hierarchical way.