What is the test for determining whether a defendant acted with the specific intent to commit rape when he moved the victim a substantial distance?

California, United States of America


The following excerpt is from The People v. Delgado, No. E049128, No. SWF025842 (Cal. App. 2011):

A conviction of a violation of section 209, subdivision (b), as charged in count 1, required proof that defendant acted with the specific intent to commit rape when he moved the victim a substantial distance. (See People v. Dominguez (2006) 39 Cal.4th 1141, 1151.) Determination of intent is nearly always based on circumstantial evidence (People v. Beaver (2010) 186 Cal.App.4th 107, 115), and the jury may infer a defendant's specific intent to commit a crime from all the facts and circumstances shown by the evidence. (People v. Lindberg (2008) 45 Cal.4th 1, 27.)

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