In Re Michele D.

This is an appeal from the sustaining of a petition filed pursuant to Welfare and Institutions Code section 602 finding that Michele D. (appellant) violated Penal Code [1] section 207(a) (kidnapping) and finding true an allegation that appellant kidnapped a child under the age of 14 years with the intent to permanently deprive the parent of custody of the child. (§ 667.85.) Appellant contends that the finding of the trial court was not supported by substantial evidence.

We hold that the abduction of a nonresisting infant or child without the knowledge or permission of the parent constitutes kidnapping. The fact that "force," as commonly used to mean the application of physical strength, violence, compulsion, or constraint, was not utilized does not alter this conclusion. We shall therefore affirm the decision of the juvenile court sustaining the petition.

A petition filed pursuant to Welfare and Institutions Code section 602 alleged that Michele D. had violated section 207, subdivision (a), by kidnapping Cameron S. (Cameron), age 12 months. [2] The petition further alleged that appellant kidnapped a child under the age of 14 years with the intent to permanently…