California Penal Code 207 PC defines the grave felony crime of “kidnapping” as forcibly moving somebody a substantial distance, against their will, using force or fear. PC 207, often referred to as “simple kidnapping,” is a felony offense that carries a weighty sentence of up to eight years in state prison.
Penal Code 209 PC, a related offense, is known as “aggravated kidnapping.” This charge can be brought against someone who commits kidnapping for ransom or reward or to commit another felony crime, such as rape or carjacking. PC 209 is a more severe charge than PC 207, a simple kidnapping, and carries a sentence of life in prison.
Federal kidnapping charges are defined under 18 U.S.C. § 1201 as “The unlawful restraint of someone's liberty by force or show of force for movement to another location to conceal.”
Since Congress enacted the Federal Kidnapping Act under its commerce-clause authority, federal kidnapping charges require restraint for transport across state lines or out of the country. Furthermore, it requires a ransom or reward.
A conviction for federal kidnapping carries a sentence of up to twenty years in a Federal Bureau of Prisons Facility and more under aggravating circumstances.
Kidnapping – PC 207
California state kidnapping charges are more common than federal charges because they don't require the victim's movement across state lines. Penal Code 207 PC defines kidnapping as “forcibly or by fear taking, holding, detaining, or arresting the victim, and carrying the victim into another county, or part of the same county.”
Simply put, the victim's movement under restraint is sufficient for state charges of kidnapping, even if the movement crosses no particular jurisdictional lines. However, using force or fear is an element of kidnapping. In other words, kidnapping does not require a battery or harmful contact. Just the threats of harm are sufficient for the kidnapping crime.
False Imprisonment – PC 236
False imprisonment is a closely related crime to kidnapping and is defined as the “unlawful violation of the personal liberty of another.” It involves unlawfully detaining someone but does not require the victim's movement, differentiating it from kidnapping.
Another related crime is Penal Code 210.5, which defines false imprisonment of a hostage to avoid arrest or escape. Other related kidnapping crimes include:
- Penal Code 210 PC – kidnapping for extortion,
- Penal Code 278 PC – child abduction,
- Penal Code 278.5 PC – deprivation of child custody.
Aggravated Kidnapping - PC 209
Under California law, there are sentencing enhancements for aggravated kidnapping. Penal Code 209 defines an aggravated kidnapping as occurring when the kidnapper intends the kidnapping to be for ransom, reward, or extortion.
If convicted of aggravated kidnapping, the defendant is facing life imprisonment with the possibility of parole. If the victim suffers death or bodily harm, or if the confinement subjects them to a substantial risk of death, then the penalty is life imprisonment without the possibility of parole.
Penal Code 209 PC enhanced the offense to aggravated kidnapping when it was committed for the following crimes:
- Penal Code 261 PC - rape,
- Penal Code 286 PC - sodomy,
- Penal Code 287 PC – oral copulation by force,
- Penal Code 288 PC – lewd acts with a minor,
- Penal Code 211 PC – robbery,
- Penal Code 518 PC – extortion.
Kidnapping During a Carjacking – PC 209.5
Under this statute, penalties increase when the allegation is that the defendant committed a kidnapping during a carjacking. A convicted defendant is eligible for parole on a life sentence after serving the minimum number of years on the imposed sentence.
In other words, if the kidnapping for carjacking sentence were fifteen years to life, then parole would be possible after the inmate serves fifteen years. Parole, however, is discretionary with the parole board.
What Are the Penalties?
If convicted of kidnapping, the penalties are usually harsh, including the following for Penal Code 207 simple kidnapping:
- A maximum fine of up to $10,000.
- Three, five, or eight years in state prison,
Penal Code 208 PC imposes a potentially more significant penalty of five, eight, or eleven years for kidnapping a child under fourteen, but recognizes the possibility of a parent taking a child.
PC 208(c) states that if the court grants probation, the defendant must serve it confined in the county jail for twelve months, unless the judge determines that unusual circumstances warrant a lighter sentence.
What Are the Defenses?
There is a wide range of strategies our California criminal defense lawyers can use to challenge kidnapping charges, depending on the details of the case, including:
- Insufficient movement to charge kidnapping,
- False accusation,
- Mistaken identification,
- Challenge the elements of the crime.
Mistaken identifications and false accusations are not uncommon in kidnapping cases. Perhaps the victim initially gave consent to travel but later regretted their decision. This underscores the importance of a robust defense strategy.
All defendants have due-process rights when facing kidnapping charges. These rights include the right against unreasonable search and seizure. If these rights are violated, it could lead to the suppression of evidence in court, which could have a significant impact on the case. This means that evidence obtained through illegal means cannot be used against the defendant, ensuring a fair trial.
The criminal justice system offers preliminary examination, discovery, motion to suppress, and dismissal, which we could use to obtain exonerating evidence and challenge unsupported allegations.
Kidnapping is a serious felony crime that carries harsh penalties and collateral consequences. Anyone facing kidnapping charges, especially a federal charge, needs to retain a defense lawyer as soon as possible. Having a skilled defense lawyer is not just beneficial, it's crucial, providing the necessary support and guidance during this challenging time.
Cron, Israels & Stark is based in Los Angeles County, but we serve people throughout Southern California, including Ventura County, Orange County, San Bernardino County, and Riverside County. Call us for a free consultation.
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