New Ruling in Rape Case Helps Define “Increased Risk” in Aggravated Kidnappings

• “Increased risk” definition for aggravated kidnapping enhancement 
• Aggravated Kidnapping Enhancements

An aggravated kidnapping enhancement requires movement that increases risk of harm to a victim beyond that incidental to the commission of the crime.  

Victim (Jane Doe) was jogging at Howarth Park in Santa Rosa, Ca. She entered the women’s restroom. When she exited a small stall, the defendant was standing in front of her blocking her path of travel. He grabbed and forced her into a larger, handicap-accessible stall eight to 10 feet away, where he forcibly removed her clothing and raped her. After the act, the victim returned home and called police.  

At jury trial, defendant was convicted of an aggravated kidnapping enhancement and sentenced to 25 years to life in prison. He appealed on grounds there was insufficient movement that “substantially increased risk of harm to the victim over and above that level of risk in the underlying offense.”  

The First District Court of Appeals agreed with the defendant’s argument and reversed the aggravated kidnapping enhancement. The movement from one bathroom stall to another was an insufficient distance to constitute increased risk of harm, the court ruled – aggravated ....