People v. Martinez

*229Opinion

BROWN, J.

We granted review in this case to decide whether Penal Code1 section 208, subdivision (b) (section 208(b)), which prescribes a higher sentence for kidnapping a person under the age of 14, is a separate crime or a punishment provision, and what the standard of asportation is for that statute. The Court of Appeal determined section 208(b) is a separate offense and applied a modified standard of asportation for aggravated kidnapping (see § 209, subd. (b)(1)).

Regardless whether section 208(b) is a punishment provision or a separate crime, we conclude it has the same asportation…