People v. Majors

Opinion

BROWN, J.

A victim enters the defendant’s vehicle under an implicit threat of arrest. Does this evidence satisfy the force or fear element of simple kidnapping? (Pen. Code, § 207, subd. (a) (hereafter section 207(a)).) We conclude it does, and therefore reverse the judgment of the Court of Appeal.

I. Factual and Procedural Background

On August 15, 2000, 18-year-old Alesandria M. was riding home on her bicycle. She was an employee at the Zany Brainy store at Mira Mesa Market Center. Earlier that day, Alesandria had purchased a gift at Zany Brainy for her brother’s birthday. Just prior to…