What is the test for determining whether a person who moves with intent to injure is more than incidental to the underlying offense?

California, United States of America


The following excerpt is from People v. Aguilar, D055775 (Cal. App. 2011):

To determine whether the movement is more than incidental to commission of the underlying offense, relevant considerations include the scope and nature of the movement, and the context of the environment in which the movement occurred. (People v. Rayford, supra, 9 Cal.4th at p. 12.) Although the distance of movement is a relevant factor, there is no minimum number of feet the victim must be moved. (Ibid.) To determine whether the movement increased the risk of harm beyond that inherent in the underlying offense, relevant considerations include the decreased likelihood of detection,

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