State v. Amell

This is a criminal case in which defendant appeals his conviction for kidnapping in the second degree. The specific issue raised is whether a person who has voluntarily entered a car but who remains in the car because of a misrepresentation by defendant is a person who has been taken from one place to another “without consent” under the second degree kidnapping statute, ORS 163.225(l)(a). Defendant contends that once his hitchhiker victim had consented to enter defendant’s car and be taken from one place to another, no subsequent action by defendant could turn the incident into a kidnapping.…