Burton v. Com., 708 S.E.2d 892

Kathleen Tracy sat in her car in a mall parking lot when Burton, dressed as a mechanic, approached and claimed a brake-fluid leak.
Burton directed Tracy to open the hood; he examined the car and instructed her to lie across the front seats and pull a lever, placing her in a prone position.
Burton moved to the rear wheel area while Tracy remained in the car, claiming she was not following instructions as she lay with her feet hanging out.
After five to ten minutes, Tracy felt uneasy and exited the car; she then saw Burton near the rear wheel with his hand in his unzipped pants and blocked her path briefly.
Tracy told Burton she needed to leave; he stepped aside when she insisted and left the scene; Burton was indicted for abduction under Code § 18.2-47(A).
A jury convicted Burton; the Court of Appeals denied relief; the Supreme Court granted Burtons' appeal to review the sufficiency of the evidence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the evidence proves intent to deprive personal liberty	Commonwealth argues the detention by deception supports intent to deprive liberty.	Burton contends deception alone does not prove intent to deprive liberty; intent to obtain sexual gratification suffices for other purposes but not abduction.	Insufficient evidence of intent to deprive personal liberty; reversal and dismissal.

Johnson v. Commonwealth, 221 Va. 872 (1981) (reversal when detention by deception lacked intent to deprive liberty)
Ridley v. Commonwealth, 219 Va. 834 (1979) (intent required for abduction must be proved as fact)
Clark v. Commonwealth, 279 Va. 636 (2010) (standard of review for sufficiency of the evidence)