Arrested for kidnapping, what does the prosecution need to prove, and is consent a defense?

Recently in Los Angeles, several defendants have been charged with kidnapping after they allegedly abducted a music promoter who claimed he had a sex tape of the former Los Angeles Lakers center, Shaquille O’Neal. O’Neal is not charged or named in the criminal complaint.
To prove that you are guilty of this crime, the People must prove that:

1. You took, held, or detained another person by using force or by instilling reasonable fear; 2. Using that force or fear, you moved the other person or made the other person move a substantial distance;  3. The other person did not consent to the movement, AND 4. You did not actually and reasonably believe that the other person consented to the movement.

Substantial distance means more than a slight or trivial distance.

Is consent a defense?

You are not guilty of kidnapping if you reasonably and actually believed that the other person consented to the movement. The People have the burden of proving beyond a reasonable doubt that the defendant did not reasonably and actually believe that the other person consented to the movement. You are also not guilty if the other person consented to go with you. Although, consent may be withdrawn.

Kidnapping is a serious and violent felony, which is punishable for up to 11 years in prison depending on the age of the victim. A conviction for kidnapping is a “strike,” under the California Three Strikes Law, and could result in increased punishment for any further sentencing if you are convicted of another crime in the future.

If you or a loved one have been accused or charged with this crime, it is very important that you speak with an experienced criminal defense attorney immediately, like the attorneys at Wallin & Klarich. We have over 40 years of experienced handling this type of matters and can assist you in obtaining the best possible result. Call the law firm of Wallin& Klarich today at, (888) 749-0034 to speak to an experienced criminal defense attorney about your case.