California Court of Appeal

The kidnapping statute (Penal Code section 207) is not preempted by the child abduction law (section 278) under the circumstances. A non-custodial parent may be convicted of kidnapping if the intent and purpose of the movement is to illegally separate the child from the parent who has lawful custody.

Appellate Information

• Decided 04/01/2003
• Published 05/01/2003

Judges

• HALLER, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
•  Bill Lockyear, Attorney General; Robert R. Anderson, Chief Assistant Attorney General; Gary W. Schons, Senior Assistant Attorney General; Holley A. Hoffman and Marvin E. Mizell, Deputy Attorneys General, for Plaintiff and Respondent., George L. Schraer, under appointment by the Court of Appeal, San Diego, for Defendant-Appellant.