Daniels

In this case we hold that when the defendant forced his victim to go from a public area to a less frequented nearby location, robbed him, and, upon discovering the victim possessed a bank card, required him to accompany defendant to a bank to withdraw cash from an automated teller machine, the defendant was properly convicted of kidnapping for robbery. Although scholarly opinion has been consistent in answering the question of what conduct constitutes kidnapping for robbery as opposed to robbery alone, judicial application of the rule has varied considerably as courts struggle to define the scope of the proscribed behavior. Our current rule was formulated in an era when bank cards and automated teller machines operating 24 hours a day did not exist. From the facts in this case and from reports in the daily press, we now see a scenario unfolding where victims are robbed and then forced to go to their automated teller machines to obtain additional cash. Considering how common it has become to carry bank cards, and recognizing the confusion in the application of the present rule, we urge our Supreme Court to consider the formulation of a new rule for when movement of a…