What is the test for determining whether a defendant's movements increased the risk of harm to the victim above that present in the underlying crime?

California, United States of America


The following excerpt is from People v. Dudley, B300919 (Cal. App. 2020):

As to the second prongwhether the movement increased the risk of harm to the victim above that present in the underlying crimethe jury should consider "'"such factors as the decreased likelihood of detection, the danger inherent in a victim's foreseeable attempts to escape, and the attacker's enhanced opportunity to commit additional crimes. [Citations.] The fact that these dangers do not in fact materialize does not, of course, mean that the risk of harm was not increased."'" (Vines, supra, 51 Cal.4th at p. 870; accord, People v. Simmons (2015) 233 Cal.App.4th 1458, 1471.)

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