California, United States of America
The following excerpt is from People v. Bowers, B282917 (Cal. App. 2018):
6600, subdivision (b).8 Citing People v. Manning (2014) 226 Cal.App.4th 1133 (Manning), the court considered the "evidence in the record of conviction"9 and concluded, "because [Bowers] committed the act by fear of immediate and unlawful bodily injury on the victim, and because he committed the act with the intent to force the victim to orally copulate him and others, the simple kidnapping offense became a sexually violent offense . . . making [Bowers] ineligible for relief."
The superior court did not address the elements of a kidnapping charge, including the requirement of asportation.10
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