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20. Can the stranger properly be convicted of kidnapping in the neighboring state?
The stranger is charged with kidnapping in the neighboring state, which has adopted the Model Penal Code.
A driver stopped at a red traffic light in his home state. A stranger opened the passenger door, got in, and pointed a gun at the driver. The stranger then directed the driver to keep driving. They drove several miles, crossed into a neighboring state, and drove several more miles. When they reached a remote location, the stranger ordered the driver to pull over. The stranger then robbed the driver of his wallet and cash, and ordered him out of the car. The stranger drove off in the driver's car.
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B is incorrect. It is hard to characterize the proceeds of the robbery as «ransom,» but, in any event, the propriety of a kidnapping conviction does not turn on whether the ransom was paid. The stranger properly could be convicted of kidnapping because the movement in the neighboring state was more than incidental to the robbery.
C is incorrect. The stranger properly could be convicted of kidnapping in both states. As explained above, the movement in the neighboring state was more than incidental to the robbery and would constitute kidnapping there as well as in the driver's home state.
D is incorrect. As explained above, the movement in the neighboring state was more than incidental to the robbery and would constitute kidnapping.