Does section 209 of the California Criminal Code (proscribing kidnapping for ransom or robbery) rely on section 207 of the Act 207 to provide the definition of kidnapping?

California, United States of America


The following excerpt is from People v. Bryant, 10 Cal.App.4th 1584, 13 Cal.Rptr.2d 601 (Cal. App. 1992):

9 To a certain extent, section 209 (proscribing kidnapping for ransom or robbery) also relies on section 207 to provide the definition of kidnapping. (Cf. People v. Daniels (1969) 71 Cal.2d 1119, 1131, 80 Cal.Rptr. 897, 459 P.2d 225.) However, section 209 is clearly excepted from the purview of section 1170.1, subdivision (b). Subdivision (b) refers to imposition of the "middle term." There is no "middle term" with regard to section 209; life in prison with or without the possibility of parole is the only sentence specified for violation of that statute. ( 209, subds. (a), (b).)

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