“Section 207, originally enacted in 1872, delineated what is today called simple kidnapping and merely restated the common law, which required that the victim be movedacross county orstate lines. [Citations.]” [Citation.] Section 207, subdivision (a), now provides, and at the time of defendant’s crimes provided, that “[e]very person who forcibly, or by any other meansofinstilling fear, steals or takes, or holds, detains, or arrests any personin this state, and carries the person into another country, state, or county,or into another part of the same county, is guilty of kidnapping.” “The language ‘into another part of the same county’ was added in 1905 in response to Ex parte Keil (1890) 85 Cal. 309{], in which this court held that the forcible removal of a person 20 miles from San Pedro to Santa Catalina Island, both in Los Angeles County, was not kidnapping within the meaning ofthe statute as it existed at that time.

However, the meaning of "force" in this context was not defined. This Court has held that "ordinarily the force element in section 207 requires something more than the quantum of physical force necessary to effect movement of the victim from one location to another." (In re Michelle D., supra, 29 Cal.4th at p. 606.)

(See People v. Stanworth (1974) 11 Ca1.3d 588,602; People v. Harris (1979) 93 Cal.App.3d 103, 114.) Thus, when the victim consents to the asportation there is no violation of Penal Code section 207. (People v. Harris, supra, 93 Cal.App.3d at p. 114.) Kidnaping cannot be accomplished by means of fraud or inducement by fraud or deceit (People v. Green, supra, 27 Ca1.3d at p. 64; People v. LaSalle (1980) 103 Cal.App.3d 139, 162.)

(1 CT 42, 73.) Following a preliminary hearing, on December5, 2002, the District Attorney of Orange County filed an Informationthat alleged Avila kidnapped (count 1: Pen. Code, § 207)', forcibly committed “lewd and lascivious” acts against [forcible sexual assualt of vaginal andofanalarea] (counts 2 and 3: § 288, subd. (b)), and murdered Samantha Runnion (count 4: § 187, subd (a)).’ Special circumstances werealso alleged that Avila committed the murder while engaged in the commission of kidnapping, and while engaged in the commission oflewdand lascivious acts against a child underthe age of 14, which rendered him eligible for the death penalty or life imprisonment withoutpossibility of parole (§ 190.2, subd (a)(17)(E)).