What is the test for a simple kidnapping crime?
California, United States of America
The following excerpt is from People v. Lepolo, 55 Cal.App.4th 85, 63 Cal.Rptr.2d 735 (Cal. App. 1997):
In People v. Zataray (1985) 173 Cal.App.3d 390, 219 Cal.Rptr. 33, the appellate court concluded that simple kidnapping was a crime involving moral turpitude. It held, "The gravamen of the offense is some sort of compulsion causing the victim to feel reasonable apprehension or fear. [Citation.] ... [I]t ... involves 'bad character' and 'readiness to do evil'...." (Id. at pp. 399-400, 219 Cal.Rptr. 33.)
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