What is the test for a jury to determine whether a defendant had an illegal intent or purpose for taking a child from his mother?

California, United States of America


The following excerpt is from People v. Singh, 254 Cal.Rptr.3d 871, 42 Cal.App.5th 175 (Cal. App. 2019):

First, there was substantial evidence of an illegal intent or purpose. Specifically, the evidence was undisputed that defendant took the child away from his mother without her knowledge or consent. In rejecting defendant's claim that he took the child to protect him, the jury determined he had no legitimate or lawful reason for carrying away the child. As one court has indicated, to satisfy the illegal intent or purpose requirement, the lack of a lawful purpose for separating a child from his or her parent without the parent's knowledge and consent "is all that the law requires. " ( Westerfield , supra , 6 Cal.5th at p. 717, 243 Cal.Rptr.3d 18, 433 P.3d 914, italics added; see People v. Jones (2003) 108 Cal.App.4th 455, 465466, 133 Cal.Rptr.2d 358 ; Fam. Code, 3010.)

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