People v. Harper
Annotate this CaseA jury found Harper (who had been charged with five codefendants) guilty of conspiracy to commit human trafficking (Pen. Code 182(a)(1), 236.1 (b) and multiple kidnapping and sex offenses. Harper argued that the conduct underlying the kidnapping and kidnapping-for-extortion charges could be prosecuted under the more specific statute, Penal Code 266a, which prohibits “tak[ing] any person against his or her will and without his or her consent . . . for the purpose of prostitution.” Harper cited the “Williamson rule,” which holds that if a general statute includes the same conduct as a special statute, courts infer that the Legislature intended the conduct to be prosecuted only under the special statute. Alternatively, Harper argued his conduct did not constitute extortion and that the jury instruction, CALCRIM No. 1202, was an incorrect statement of law. The court of appeal held that the Williamson rule did not bar the convictions. Kidnapping for extortion contemplates more culpable conduct than is required for a section 266a violation. Harper’s conduct constituted extortion; Harper ultimately wanted money from forced prostitution services. Although the challenged jury instruction contained an incorrect statement, it did not contribute to the verdict. There was sufficient evidence of kidnapping. The court struck certain enhancements as improperly imposed.
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