California, United States of America
The following excerpt is from People v. Patton, G047488 (Cal. App. 2013):
The following three elements comprise the crime of kidnapping: "'(1) a person was unlawfully moved by the use of physical force or fear; (2) the movement was without the person's consent; and (3) the movement of the person was for a substantial distance.' [Citation.]" (People v. Bell (2009) 179 Cal.App.4th 428, 435, italics added.) The last element is the asportation element and is required for both simple kidnapping and aggravated kidnapping. (Ibid.) The issue is, and has been for some time, what evidence must a prosecutor offer to establish asportation?3
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