What are the elements of an attempted kidnapping?

California, United States of America


The following excerpt is from People v. Perez, B247105 (Cal. App. 2014):

"Every person who attempts to commit any crime, but fails, or is prevented or intercepted in the perpetration thereof, . . . is punishable . . . ." ( 664.) "An attempt to commit a crime consists of (1) the specific intent to commit the crime, and (2) a direct but ineffectual act done toward its commission. [Citations.]" (People v. Cole (1985) 165 Cal.App.3d 41, 47-48 (Cole).) Thus, the elements of attempted kidnapping are (1) the specific intent forcibly or by fear to move the victim and (2) a direct but ineffectual act done toward moving the victim by force or fear.

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