What is the test for determining whether the victim's forced movement was merely incidental to the underlying offense?
California, United States of America
The following excerpt is from People v. Parker, B228076 (Cal. App. 2012):
The two elements of the test are related: "whether the victim's forced movement was merely incidental to the [underlying offense] is necessarily connected to whether it substantially increased the risk to the victim." (People v. Dominguez (2006) 39 Cal.4th 1141, 1152.) "[E]ach case must be considered in the context of the totality of its circumstances." (Ibid.)
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