Is a lack of reasonable belief in consent an element of kidnapping for robbery?

California, United States of America


The following excerpt is from People v. Ruelas, B240666, B251018 (Cal. App. 2014):

"A court has a sua sponte duty to charge the jury on the essential elements of the crime." (People v. Eid (2010) 187 Cal.App.4th 859, 878-879.) "[T]he lack of a defendant's reasonable belief in consent is an element of kidnapping for [robbery] when suggested by the evidence." (Id. at p. 878, italics added.) Thus, where there is sufficient evidentiary support, the trial court must instruct the jury "on the conditional element of

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lack of reasonable belief in consent" and on the defense of reasonable belief in consent. (Id. at p. 879.)

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