California, United States of America
The following excerpt is from People v. Bailey, 113 Cal.Rptr. 514, 38 Cal.App.3d 693 (Cal. App. 1974):
Simple kidnaping is a lesser offense included within the crime of kidnaping with the intent to commit robbery (People v. Gallagher, 164 Cal.App.2d 414, 419, 330 P.2d 464). The aggravated offense requires the additional element of an intent to rob, an intent which must be formed before the kidnaping commences. If the intent to rob (even though carried out during the course of the kidnaping) is formed after the victim is seized, the offense, insofar as it relates to kidnaping is simple kidnaping and not kidnaping for the purpose of robbery. (People v. Tribble, 4 Cal.3d 826, 831--832, 94 Cal.Rptr. 613, 484 P.2d 589; In re Alvarado, 27 Cal.App.3d 610, 612, 103 Cal.Rptr. 845.)
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