Campbell v. Scripps Bank

Conviction of kidnapping and carjacking generally requires proof that the perpetrator committed the criminal acts against the will of the victim, i.e., without the victims consent. This requirement presents special problems when the victim is an infant too young to give or withhold consent. In People v. Oliver (1961) 55 Cal.2d 761, 768 (Oliver), we found the against-the-will requirement satisfied as to a person unable to give legal consent if the criminal act "is done for an illegal purpose or with an illegal intent." We believe an analogous rule is appropriate for carjacking. Applying the rule to this case, we conclude that substantial evidence supports defendants convictions for kidnapping and carjacking as to both an infant and the infants mother.