People v. Lewis

Summary

The court held that kidnapping an unresisting intoxicated adult who cannot legally consent requires only the physical force necessary to take and carry the person a substantial distance for an illegal purpose or intent. Assuming the jury instruction improperly permitted conviction based on deception, the error was harmless beyond a reasonable doubt because the jury necessarily found substantial movement and the undisputed evidence showed that Lewis physically moved S.D. by driving her away. The court reversed the Court of Appeal's judgment and remanded for consideration of unresolved issues.