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Ruling: Kidnapping must be 'substantial'

Posted: 8:17 AM, Aug 01, 2018
Updated: 2018-08-01 15:17:20Z
Ruling: Kidnapping must be 'substantial'

A court ruling says Arizona law allows a person to be convicted of kidnapping based on a restraint of no more than 30 seconds and compelled movement of only five steps.

An Arizona Court of Appeals ruling Tuesday upholds Matthew Aaron Dutra's Maricopa County Superior Court convictions for kidnapping, armed robbery and aggravated assault with a deadly weapon in a 2016 sandwich shop holdup.
Testimony indicated the robber brandished a stun gun and demanded money from a clerk who took three steps back before taking two steps forward and handing over cash demanded by the robber.
The ruling says Arizona's kidnapping law only requires "substantial interference" with the victim's liberty and that restraint due to threatening words or actions are enough even if the compelled movement or confinement is brief.