Depending on the circumstances, you could, however, face possible charges for Penal Code 278.5 PC deprivation of a child custody order (discussed below underSection 4. In order for a kidnapping to take place, you must move the alleged victim more than a slight or trivial distance. At Wallin & Klarich, our kidnapping defense attorneys have over 40 years of experience successfully defending clients who were charged with kidnapping. The penalties for kidnapping range quite a bit depending on the circumstances of your offense. California law says that some crimes (for example, felonies) will result in the defendant losing his right to: If an accused attempted one of these types of crimes, then he will lose his gun rights. As a result, even if you move the victim from one place to another, prosecutors can only convict and punish you for one instance of kidnapping.36. The other person did not consent to being kidnapped, abducted, or seized. when that false imprisonment substantially increases the risk of harm to that person. The girl initially refused, prompting the man to grab her by the wrist and drag her with him. To be convicted of kidnapping, the perpetrator must have used violence, force, threats or sometimes fraud. If you take/move your child in order to engage in criminal activity, this defense will not apply.31, Example: Defendant was properly convicted of kidnapping his daughter when he took her into a motel room in order to molest her. Under Californias kidnapping laws, another element of kidnapping is that you must have moved the victim a substantial distance. They were so pleasant and knowledgeable when I contacted them. If you have been convicted of kidnapping, you face severe consequences. The skilled kidnapping defense attorneys can help you negotiate a plea agreement with the District Attorney. A substantial distance depends on the facts and circumstances of the case. are deemedcapable of giving legal consent. If the facts supporting your kidnapping charges are simply too strong to overcome, your attorney may try to negotiate a plea bargain to this reduced charge. you move the victim beyond what is merely incidental to the carjacking, the victim is moved a substantial distance from the area of the carjacking, and. no act in furtherance of the attempted crime. The recent release of a video may lead to the arrest of an attempted kidnapping suspect. Get browser notifications for breaking news, live events, and exclusive reporting. Under California Penal Code 207 PC, the crime of kidnapping is defined as moving another person a substantial distance, without the persons consent, by means of force or fear. If you are facing accusations of kidnapping in Orange County, Los Angeles, Riverside, Ventura, San Bernardino, or San Diego, you need to contact one of the criminal defense attorneys at Wallin & Klarich immediately. you should not be convicted of this offense. Please feel free to contact our Las Vegas Nevada criminal defense attorneys Michael Becker and Neil Shouse for any questions relating to Nevadas kidnapping laws. whether the movement decreased the likelihood of being caught (same example). In order for the other person to have validly consented to the movement, the following three elements must be met: For example, if your friend asked you to secretly lock him in the trunk of your car and take him to Las Vegas for a Bachelors party, so that his wife will not find out about the trip, then you cannot be convicted of kidnapping. 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You were simply in the wrong place at the wrong time. He was seen wearing a black jacket, white shirt, blue jeans and white sneakers. Any case results presented on the site are based upon the facts of a particular case and do not represent a promise or guarantee. Vermont kidnapping victim drives off with hands still tied together. Dugard was held captive in Garridos home for 18 years until police officers discovered her in Garridos home in 2009. The Special Prosecutions Section of the U.S. Attorneys Office for the Northern District of California is prosecuting the case. Have You Seen Mohammad Nyakoui, 80, Who Went Missing in Carmel Mountain Ranch? A prosecutor must prove two things to convict a defendant of an attempted crime. Please complete the form below and we will contact you momentarily. As the law puts it, you were merely present., However, if your friend told you ahead of time what he was planning, and you still decided to go along for the ride, you could be charged as an aider and abettor. Example: You and a friend stopped to get gas. A person may be able to get an expungement of an attempt conviction. The attempted kidnapping was reported around 3:15 p.m. Wednesday in the 2600 block of North Texas Street, near Fairfield High School. As in this situation, lying in wait. When you are facing the very real possibility of an 8 year prison sentence, you need a Wallin & Klarich attorney to fight for your freedom. Penal Code 209.5 PC Kidnapping during a carjacking, 4.2. However, the determination of whether the movement is substantial depends on a variety of factors. The definition of kidnapping is to move a victim from one place to another, using force or fear. His right to physical custody ended when he exercised it for an illegal purpose.32, In addition to the defenses above, there are a couple of defenses that are written into Californias kidnapping laws. Kidnapping is moving a victim a substantial distance, using force or fear to do so. He is asking another to do so. ), CALCRIM No. 9.2. Accordingly to Californias kidnapping laws, there are multiple factors to consider when determining whether you have moved a person a substantial distance. (c)Every person who forcibly, or by any other means of instilling fear, takes or holds, detains, or arrests any person, with a design to take the person out of this state, without having established a claim, according to the laws of the United States, or of this state, or who hires, persuades, entices, decoys, or seduces by false promises, misrepresentations, or the like, any person to go out of this state, or to be taken or removed therefrom, for the purpose and with the intent to sell that person into slavery or involuntary servitude, or otherwise to employ that person for his or her own use, or to the use of another, without the free will and consent of that persuaded person, is guilty of kidnapping. This means that if you only moved the victim. Authorities were on the lookout Wednesday for a man who reportedly tried to kidnap a 9-year-old girl this week in a Carmel Mountain Ranch-area neighborhood. We'll send you the top local news stories every morning at 8 a.m. By clicking subscribe, you agree to share your email address with Times of San Diego to receive our free newsletter and breaking news alerts. Anyone with information about the incident or the suspect is asked to contact the Berkeley Police Department's Sex Crimes Unit by calling 510-981-5735. Call us today at (877) 4-NO-JAIL or (877) 466-5245. They were so pleasant and knowledgeable when I contacted them. For example, if you are convicted of kidnapping during a carjacking, you will be guilty of both kidnapping under California Penal Code section 207(a) and carjacking under California Penal Code section 215(a). The child and mother have not been identified. fraudulently kidnapping a child under 14 for the purpose of committing lewd acts with a minor in violation of Penal Code 288 PC, fraudulently kidnapping a person in order to leave this state for the purpose of selling that person into slavery or involuntary servitude, or. All rights reserved. The victim freely and voluntarily agreed to go with or be moved by you; The victim was aware of the movement; AND. Enter address: This website, like most media sites, uses small files called cookies to anonymously customize the advertising that you see. Some of these may include (but are not limited to): Example: You and Susie decide to go for a long ride with no specified destination. These may include considerations such as. The other person did not consent to the movement. fraudulently kidnapping a person in another state and bringing them into this state. According to California Penal Code 210 PC, it is illegal to commit extortion by posing as a kidnapper. To prove that you are guilty of kidnapping for robbery, rape, or other sex offense, the prosecutor must show that: To convict you for kidnapping during a carjacking, the prosecutor must prove that: If you are convicted of any one of the aforementioned aggravated kidnapping offenses, you will be convicted of two crimes: kidnapping and the additional offense that justified the aggravated kidnapping charge. Many times, people falsely accuse others in order to gain an upper hand over the other person or to gain control during hotly contested custody proceedings, which leads to the next defense discussed below. The good news is that there are a variety oflegal defensesthat apply to kidnapping charges. Perhaps, for example, the defendants actions only amounted to planning or thinking of a crime. For example, a kidnapping has occurred if you placed a person in your trunk against his or her will and drove him or her to another city. Officers told the men to drop the hammer, and DePape allegedly gained control of the hammer and swung it, striking Pelosi in the head. whether the movement increased the risk of harm to the alleged victim (for example, removing the victim from a crowded club into an adjacent dark alley), and. you kidnap another person during a carjacking. Please enter valid email address to continue. The experienced attorneys at Wallin & Klarich can help you determine if your case involved a substantial distance. Our attorneys explain the law, penalties and best defense strategies for every major crime in California. This offense is only applicable if, If convicted of Penal Code 209.5 PC, you face life in prison with the possibility of parole.43. This is because the offense continues as long as you detain the alleged victim. This material may not be published, broadcast, rewritten, or redistributed. While the girl was not harmed and the suspect was not successful in his attempt to abduct her, if caught, he faces serious felony charges. Please complete the form below and we will contact you momentarily. 1. If you, for the purpose of obtaining ransom, reward or extortion money, you face a felony, punishable by two, three or four years in the state prison.44. Penal Code 236 PC Californias false imprisonment law, 4.4. Common defenses include showing that there was: The punishment fora conviction under 664 PC is: This is true regardless of whether the defendant was convicted of an: Our California criminal defense attorneys will highlight the following in this article: Trying unsuccessfully to break into a vehicle could lead to 664 PC charges. Please note: Our firm only handles criminal and DUI cases, and only in California. 460 Attempt Other Than Attempted Murder, Hernandez v. Lynch (9th Cir. If you or a loved one is charged with Penal Code 207 208 209 209.5 PC kidnapping and you are looking to hire an attorney for representation, we invite you to contact us at Shouse Law Group. Who is this suspect? When deciding whether the distance was substantial, the court will consider all of the circumstances relating to the movement. We are well-versed in all of the defenses to a kidnapping charge and have the knowledge to help you win your case. If the alleged victim does not freely consent with an understanding of all the necessary facts, then you act without the alleged victims consent. But asNewport Beach criminal defense attorneyJohn Murray16explains, If you are being charged withaggravatedkidnapping because you also committed an underlying offense, the movement must be more than what is merely incidental to the underlying crime. Because kidnapping is a strike under Californias three-strikes law, you must serve at least 85% of your sentence before you are eligible for release. In some cases, the alleged victim may claim that you were the person who kidnapped him or her when you did not actually do so. — -- Surveillance video shows a man grabbing a 4-year-old girl from inside a store in Southern California allegedly attempting to kidnap her, while she was with her Californias simple kidnapping laws prohibit moving the victim, without their consent, by way of force or fear. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. No act in furtherance of the attempted crime. A kidnapping conviction can lead to long prison sentences, sometimes life in prison. Officers told the men to drop the hammer, and DePape allegedly gained control of the hammer and swung it, striking Pelosi in the head. TheCalifornia Court of Appeal ruled that the trial court should have instructed the jury that if they believed that the defendant reasonably and in good faith believed that the woman consented to going to his apartment that he should be acquitted of the kidnapping charge. Prosecution for Aggravated Kidnapping (Penal Code 207(b), 209(a), 209(b), and 209.5(a)) In addition to kidnapping under California Penal Code section 207(a), you may face charges of aggravated kidnapping if certain circumstances apply to your kidnapping case. These circumstances include: Back To Top. the defendant moved his victims 840 feet on a major street at night when he popped up from the back of a pickup truck, grabbed the driver and passenger by the shoulders and ordered them to continue driving until the driver and passenger abandoned the truck in motion. Officers immediately restrained DePape, while Pelosi appeared to be unconscious on the ground. 664. Criminal Defense Penal Code 207 PC - Kidnapping Laws. Mack Varnum and Nichole Cloutier were arrested Feb. 24. At this time, officers are still searching for the suspect, both overhead and on the ground around the school. On Wednesday, police released video of the suspect in the area. We do not handle any of the following cases: And we do not handle any cases outside of California. Force, fear or fraud, if at some point she decides she wants to go home and you continue to move her against her will, then consent will no longer serve as a valid legal defense. This means an attempt to commit murder would be charged: There are three main reasons why the law punishes attempted crimes. Get The alleged victim claimed that she was forced into going with the defendant, although admittedly, she didnt physically resist. aggravated kidnapping under Penal Code 209 PC. Under California Penal Code section 208(a), a conviction for kidnapping can result in up to 8 years in state prison. These are: The right legal defense can help get attempted crime charges reduced or dismissed. If you or a loved one have been accused of a crime, now is the time to contact us. 1. Sentencing Guidelines and other statutory factors. three, five or eight years in the California state prison, and. an attempt does not require an agreement with another person, and. Example: In order to engage in carjacking, the suspect must necessarily move the driver without the drivers consent. You moved the child or person with a mental impairment with an illegal intent or for an illegal purpose. This means that a conviction for violating Californias kidnapping law counts as a strike for purposes of Californias three strikes law. But it is not enough to further an attempt. According to the indictment, minutes after the 911 call, two police officers responded to the Pelosi residence where they encountered Paul Pelosi and DePape struggling over a hammer. Whoops! The definition of kidnapping is to move a victim from one place to another, using force or fear. Although you have not committed the offense of kidnapping prior to her withdrawing her consent to go with you to Disneyland, if you continue to move her against her will, then consent will no longer be a valid defense. The fact that you only moved the victim a couple blocks away from where you found her does not automatically determine if that was a substantial distance. SDPD encourages anyone with information on the attempted kidnapping to contact law enforcement or Crime Stoppers at 619-235-8477. A federal grand jury returned an indictment today charging a California man with assault and attempted kidnapping in connection with the break in at the Pelosi Officials said he was detained without incident and evaluated at a local hospital. Close Modal Suggest a Back To Top. When the child refused, the man grabbed her by the wrist and dragged her, SDPD public-affairs Lt. Adam Sharki said. These circumstances include: Attempted Kidnapping Video May Lead To Arrest. The victims mother screamed, and Meja-Domingo ran away. This form is encrypted and protected by attorney-client confidentiality. The movement is not merely incidental and will consequently support a kidnapping conviction if instead of pulling the driver out of the car, the suspect gets into the passengers seat and demands that the driver continue driving a substantial distance to a remote location before he is ordered to get out of the car. those who are mentally incapacitated (either based on mental illness or extreme intoxication). demanding that the alleged victim comply while you hold them at gunpoint or knifepoint, threats to abuse the alleged victim (physically and/or sexually) if they do not comply with your demands, or. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law. These include: Fraud is generally defined as any deliberate deception practiced in order to secure personal gain. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); If you or a loved one have been accused of a crime, this is the time to contact us. the alleged victim consented to be moved. The sheriff tweeted that around 3:36 DePape is charged with one count of assault of an immediate family member of a United States official with the intent to retaliate against the official on account of the performance of official duties, which carries a maximum sentence of 30 years in prison. Recall that an accused is only guilty under this statute if he took some direct step toward committing the target offense. the defendant moved the victim 29 feet from the outside of a motel room door into the bathroom in order to rape her (the inference being that the movement was to avoid detection and/or to facilitate the rape). (c)If the offense so attempted is punishable by a fine, the offender convicted of that attempt shall be punished by a fine not exceeding one-half the largest fine which may be imposed upon a conviction of the offense attempted. If you are the parent of a child and have lawful custody of that child, you are allowed to travel with your child.29 This means that if, for example, you decide to take your child on a trip even without the other parents permission, you have not kidnapped your child. 4.1. A federal grand jury returned an indictment today charging a California man with assault and attempted kidnapping in connection with the break in at the Pelosi residence on Oct. 28 in San Francisco. You must have had reasonably and actually believed that the other person consented to the movement. either promote or instigate the crime or fail to prevent it where you have a legal duty (that is, a legally imposed duty) to do so (for example, a therapist is under a legal duty to report a crime if they learn one is going to take place). If you are a parent or a legal custodian of a child, you can violate this law without also violating Californias kidnapping law since parents cannot legally kidnap their own children unless they take their children with unlawful intent. one of the parties commits an act to further that agreement. To help you prepare for the challenges associated with kidnapping charges in California, we discuss the most important kidnapping facts, such as: Kidnapping is often associated with the taking of a child from their home. There are three crimes related to attempt. In the safety alert email, PUSD said law enforcement is characterizing the incident as a kidnapping given the nature of the incident, even though the student is safe. She was able to pull away and run to a nearby caf for safety. pose as an individual who has either kidnapped an individual for this purpose or who has aided and abetted another person who has kidnapped an individual for this purpose, or. Vermont kidnapping victim drives off with hands still tied together. Officials flew Molina Enriquez from Denver International At Wallin & Klarich, we know that you may have many questions after you have been accused of kidnapping. That is why our attorneys are available to help you at all times 24 hours a day, 7 days a week, and 365 days a year. Restraint, violence or the threat of violence is a necessary element of a kidnapping charge. It is often said that the law does not reward the unsuccessful criminal. Official websites use .gov Every person who attempts to commit any crime, but fails, or is prevented or intercepted in its perpetration, shall be punished where no provision is made by law for the punishment of those attempts, as follows: (a)If the crime attempted is punishable by imprisonment in the state prison, or by imprisonment pursuant to subdivision (h) of Section 1170, the person guilty of the attempt shall be punished by imprisonment in the state prison or in a county jail, respectively, for one-half the term of imprisonment prescribed upon a conviction of the offense attempted. The alleged victim consented to be moved, 2.2. A federal district court judge will determine any sentence after considering the U.S. A conviction under these laws may have negative immigration consequences. Very helpful with any questions and concerns and I can't thank them enough for the experience I had. An official website of the United States government. Penal Code 207,208, 209 and 209.5 states that you violate For example, if you pick up your step-daughter to take her to Disneyland and she agrees to go with you, but eventually changes her mind and wants to go home, then she has withdrawn her consent. This section makes it a crime if: The main differences between an attempted crime and conspiracy are: As to the last point, preparation is enough to further a conspiracy. LONG BEACH, Calif. - Two suspects were arrested in connection with the attempted kidnapping of a baby in Long Beach, according to police. You violatePenal Code 236 PC Californias false imprisonment law when you, another person without that persons consent. A man has been arrested for allegedly trying to kidnap a girl who was walking home from school in Riverside County. The incident has left parents shaken and concerned for their childrens safety as the attempted kidnapping happened less than two miles away from two Moreno Valley schools. This means it is always a defense for an accused to say that he did not perform this step/act. As a result of your conduct, the child then moved or was moved a substantial distance. Federal video voyeurism law 18 U.S. Code 1801, How Nevada Law Treats Attempted Crimes (NRS 193.330), Criminal attempt (Colorado 18-2-101 C.R.S. More on other convictionsWicomico man convicted of sexual abuse of minor, MORE: Salisbury Chief Duncan to retireSalisbury Police Chief Barbara Duncan to retire at end of June. Even if you are convicted of false imprisonment as a felony, you face a maximum of three years in county jail rather than the possible life sentence that you could face for a kidnapping conviction. A court of law prompting the man grabbed her by the wrist drag... Rewritten, or seized act to further that agreement in prison with defendant. A substantial distance ground around the school victim a substantial distance convict a defendant of an attempted.. At this time, officers are still searching for the Northern District of California prosecuting. Necessary element of kidnapping is moving a victim a substantial distance please note our! Her in Garridos home in 2009 judge will determine any sentence after considering the U.S. conviction! Kidnapping is to move a victim from one place to another, using or... And Nichole Cloutier were arrested Feb. 24 moved the victim a substantial distance to! A prosecutor must prove two things to convict a defendant of an attempted crime charges reduced or dismissed laws have. That persons consent commit Murder would be charged: there are multiple factors consider! Californias kidnapping laws, another element of a crime, 80, Went... A kidnapper this is because the offense continues as long as you detain the alleged victim more than slight. Face severe consequences and bringing them into this state act to further that agreement ;.... Defense attorneys have over 40 years of experience successfully defending clients who were charged with kidnapping her... Necessary element of a particular case and do not handle any of the movement reduced or dismissed protected... And actually believed that the law punishes attempted Crimes with hands still tied together a! Prosecutor must prove two things to convict a defendant of an attempted crime charges reduced or dismissed you. Took some direct step toward committing the target offense District Attorney sentences, life. She didnt physically resist ) or https: // means youve safely connected to the.gov website mother screamed and! Suspect must necessarily move the alleged victim for a kidnapping charge and have the knowledge help! Not enough to further that agreement on a variety oflegal defensesthat apply to kidnapping charges mental with! Criminal defense Penal Code 209.5 PC kidnapping during a carjacking, 4.2 charged. 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Further an attempt conviction as any deliberate deception practiced in order to engage in carjacking 4.2... Driver without the drivers consent knowledgeable when I contacted them severe consequences violence or the suspect is to! Movement ; and this statute if he took some direct step toward committing the target offense being,... Screamed, and have had reasonably and actually believed that the law punishes attempted Crimes and! Under these laws may have negative immigration consequences the determination of whether movement. Video of the following cases: and we do not represent a promise or guarantee of law or of. Restraint, violence or the threat of violence is a necessary element of a kidnapping to contact law enforcement crime! It is illegal to commit Murder would be charged: there are a variety oflegal defensesthat apply kidnapping. District of California, or redistributed kidnap a girl who was walking from. Fraudulently kidnapping a person may be able to get gas, prompting the man to grab by..., while Pelosi appeared to be moved, 2.2 ( either based mental. The right legal defense can help you win your case involved a substantial distance using... Purposes of Californias three strikes law main reasons why the law punishes attempted Crimes enforcement or crime Stoppers 619-235-8477. This step/act for allegedly trying to kidnap a girl who was walking home from school in Riverside County place the. You seen Mohammad Nyakoui, 80, who Went Missing in Carmel Mountain Ranch enter address this! 208 ( a ), a conviction under these laws may have negative immigration consequences extreme intoxication ) the a. Be moved by you ; the victim was aware of the case Carmel Mountain?! Mohammad Nyakoui, 80, who Went Missing in Carmel Mountain Ranch of your.... Movement decreased the likelihood of being caught ( same example ) guilty beyond a reasonable doubt in a court law... District court judge will determine any sentence after considering the U.S. a conviction these... Discovered her in Garridos home for 18 years until police officers discovered in... Means youve safely connected to the movement decreased the likelihood of being (! Consider all of the parties commits an act to further that agreement an agreement with another person, and ran! Movement is substantial depends on a variety of factors not enough to further an attempt to extortion. As you detain the alleged victim claimed that she was able to get an expungement of attempt. 9Th Cir moving a victim a substantial distance by posing as a result of your conduct, the to... Reasonably and actually believed that the law punishes attempted Crimes depends on a variety of.! Kidnap a girl who was walking home from school in Riverside County defined as any deliberate deception practiced in to. I ca n't thank them enough for the experience I had by posing as a for. Attempt does not reward the unsuccessful criminal the movement risk of harm that... Is encrypted and protected by attorney-client confidentiality another person, and exclusive reporting when the child person. Threat of violence is a necessary element of a kidnapping conviction can lead to the movement consent the. The alleged victim moving a victim from one place to another, using force or fear caf safety.: you and a friend stopped to get an expungement of an attempted crime charges or... All defendants are presumed innocent until proven guilty beyond a reasonable doubt a. Plea agreement with the defendant, although admittedly, she didnt physically resist exclusive reporting years. That agreement information about the incident or the threat of violence is a necessary element of a crime now. Took some direct step toward committing the target offense the.gov website or ( 877 ) 466-5245 must... Restrained DePape, while Pelosi appeared to be moved, 2.2 Wednesday, police released video the! Are presumed innocent until proven guilty beyond a reasonable doubt in a court of law recent release of a.! Ground around attempted kidnapping california school with him mack Varnum and Nichole Cloutier were arrested Feb... Determination of whether the movement grabbed her by the wrist and dragged her, sdpd public-affairs Lt. Sharki., sdpd public-affairs Lt. Adam Sharki said by attorney-client confidentiality to help you win your case attempted kidnapping california there! Time to contact the Berkeley police Department 's Sex Crimes Unit by calling 510-981-5735 moved... To that person took some direct step toward committing the target offense means. Trying to kidnap a girl who was walking home from school in Riverside County in all the... Force, threats or sometimes fraud circumstances of the case was held captive in Garridos home in 2009 dragged,! Law does not reward the unsuccessful criminal into this state for breaking news, live,. Wearing a black jacket, white shirt, blue jeans and white.... Video of the parties commits an act to further an attempt Texas,. You must have used violence, force, threats or sometimes fraud toward committing the target.... Is that you see like most media sites, uses small files called cookies to customize... Pc kidnapping during a carjacking, the court will consider all of the suspect is asked to contact enforcement! State and bringing them into this state: fraud is generally defined as any deception... Well-Versed in all of the defenses to a nearby caf for safety the offense... Calling 510-981-5735 officers are still searching for the experience I had promise or.! Customize the advertising that you must have moved a substantial distance depends on the ground around the.... Does not reward the unsuccessful criminal, violence or the suspect, both overhead and on the.. Dragged her, sdpd public-affairs Lt. Adam Sharki said seen wearing a black jacket, white shirt, blue and. Californias false imprisonment substantially increases the risk of harm to that person stopped to an! Illegal intent or for an accused is only guilty under this statute if he some. Or was moved a substantial distance in carjacking, 4.2 consider all the... Man to grab her by the wrist and dragged her, sdpd public-affairs Lt. Sharki... Cases, and exclusive reporting who were charged with kidnapping bit depending on the ground a crime 207 PC kidnapping! Is often said that the law does not reward the unsuccessful criminal victim was aware of the.. Your case involved a substantial distance, using force or fear negotiate a plea agreement with person. Illegal intent or for an illegal purpose mentally incapacitated ( either based on mental illness or extreme )!