What Are the Guidelines to Determine Whether Kidnapping and Rape Are Committed With a Separate Animus ?
In State v. Logan (1979), 60 Ohio St.2d 126, 397 N.E.2d 1345, the Supreme Court of Ohio established guidelines to determine whether kidnapping and rape are committed with a separate animus so as to permit separate punishment under R.C. 2941.25(B).
In Logan the court held that 'where the restraint or movement of the victim is merely incidental to a separate underlying crime, there exists no separate animus sufficient to sustain separate convictions; however, where the restraint is prolonged, the confinement is secretive, or movement is substantial so as to demonstrate a significance independent of the other offense, there exists a separate animus as to each offense sufficient to support separate convictions.' Id. at paragraph (a) of the syllabus.
The Logan court also recognized that where the asportation or restraint 'subjects the victim to a substantial increase in risk of harm separate and apart from the underlying crime, there exists a separate animus.' Id. at paragraph (b) of the syllabus."