Gussified
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The law was changed in 2017, I believe this is the old Statute that would apply. It looks like it's the same as the maximum penalty for the offense. It is also my understanding that kidnapping with the added enhancement of rape carries a maximum penalty of life. However, considering the complications created by the wording of the statute, and the fact that a murder convection looks like a slam dunk, I doubt DeAngelo will ever be charged with rape or kidnapping.
PENAL CODE - PEN
PART 2. OF CRIMINAL PROCEDURE [681 - 1620]**( Part 2 enacted 1872. )
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TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777 - 883]**( Heading of Title 3 amended by Stats. 1951, Ch. 1674. )
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CHAPTER 2. Time of Commencing Criminal Actions [799 - 805]**( Chapter 2 repealed and added by Stats. 1984, Ch. 1270, Sec. 2. )
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805.**
For the purpose of determining the applicable limitation of time pursuant to this chapter:
(a)*An offense is deemed punishable by the maximum punishment prescribed by statute for the offense, regardless of the punishment actually sought or imposed. Any enhancement of punishment prescribed by statute shall be disregarded in determining the maximum punishment prescribed by statute for an offense.
(b)*The limitation of time applicable to an offense that is necessarily included within a greater offense is the limitation of time applicable to the lesser included offense, regardless of the limitation of time applicable to the greater offense.
(Added by Stats. 1984, Ch. 1270, Sec. 2.)
Thanks. But since its not retroactive, it sounds like this case is beyond the statute of limitations on kidnapping, too. I applaud the creative methods (mentioned earlier) that prosecutors have used to get around the SOL for rape. Seems like that route may be easier for rape than for kidnapping, given the DNA evidence with rape.
MOO