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California Court of Appeal Clarifies "Force" Requirement of False Imprisonment - PC Section 236-237

By Walin & Klarich

In the recent case of People v. Santos Dominguez (2010) 2010 WL 60237 (hereafter Dominguez), the California Court of Appeal held that the amount of force required for false imprisonment of an unresisting infant or child is the amount of physical force required to take and carry the child away a substantial distance for an illegal purpose or with an illegal intent. The court also clarified what constitutes ?violence, menace, fraud or deceit? for felony false imprisonment. In Dominguez, the defendant lived in the same apartment building as two female girls, ages four and six. The defendant did not know the two girls and was not related to either of them. According to the prosecution, the defendant repeatedly hugged the two girls, twice asked the six-year-old where her mother was, and told the six-year-old he wanted to take her to a restaurant...continue to full post

Full post as published by Southern California Criminal Defense Blog on February 08, 2010 (boomark / email).