Tyrone Allen was convicted in the Superior Court, City and County of San Francisco, of the kidnapping of a person under the age of 14. He appealed. The Court of Appeal affirmed.

Facts

On August 7, 1995, May SunYoung and her family lived at 2951 Treat Street in San Francisco. That morning, Ms. SunYoung was on her way to take her seven-year-old daughter, Kirstie, to summer camp and stopped her automobile briefly in the driveway to close her garage door manually as she was backing out onto the street.

As Ms. SunYoung closed her garage door, a man approached her from behind and said, “Excuse me, can you do me a favor?” While turning around she saw Tyrone Allen getting into her vehicle, whose engine was still running. He then locked the car doors. Kirstie was still in the vehicle with her seatbelt on and began crying. Because the driver’s side window was rolled down about seven inches, Ms. SunYoung put her arms through the window and struggled with Allen in an attempt to reach the ignition key and turn off the engine.....

1. What test did the court establish to determine how far defendants have to move victims to satisfy the asportation element of kidnapping actus reus?

2. What reasons does the majority give to support its definition of “asportation”?

3. How does the dissent’s definition of “asportation”

differ from that of the majority’s?

4. What reasons does the dissent give for its definition?

5. Do you agree with the majority or the dissent’s definition of “asportation”? Defend your answer.