People v. Hill

Opinion

CHIN, J.

Conviction of kidnapping and carjacking generally requires proof that the perpetrator committed the criminal acts against the will of the victim, i.e., without the victim’s consent. This requirement presents special problems when the victim is an infant too young to give or withhold consent. In People v. Oliver (1961) 55 Cal.2d 761, 768 [12 Cal.Rptr. 865, 361 P.2d 593] (Oliver), we found the against-the-will requirement satisfied as to a person unable to give legal consent if the criminal act “is done for an illegal purpose or with an illegal intent.” We believe an analogous…