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PC 209.5(a) Kidnapping in Commission of Carjacking

PC 209.5(a) Kidnapping in Commission of Carjacking

(a) Any person who, during the commission of a carjacking and in order to facilitate the commission of the carjacking, kidnaps another person who is not a principal in the commission of the carjacking shall be punished by imprisonment in the state prison for life with the possibility of parole.

(b) This section shall only apply if the movement of the victim is beyond that merely incidental to the commission of the carjacking, the victim is moved a substantial distance from the vicinity of the carjacking, and the movement of the victim increases the risk harm to the victim over and above that necessarily present in the crime of carjacking itself.

(c) In all cases in which probation is granted, the court shall except in unusual cases where the interests of justice would best be served by a lesser penalty, require as a condition of the probation that the person be confined in the county jail for 12 months.  If the court grants probation without requiring the defendant to be confined in the county jail for 12 months, it shall specify its reason or reasons for imposing a lesser penalty.

What are the elements of kidnapping in commission of carjacking?

1. Defendant kidnapped a person other than a principal in the commission of a carjacking.

2. The movement of Victim occurred during the commission of a carjacking.

3. The movement of Victim was without the victim's consent.

4. The defendant moved the victim with the specific intent to facilitate the commission of the carjacking and acted with that specific intent when the movement of the victim commenced.

5. The victim was moved fro a substantial distance from the vicinity of the carjacking.

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