California Penal Code 207 PC defines the crime of kidnapping as forcibly moving someone a substantial distance against their will using force or fear. This is a serious offense with profound legal implications, underscoring the gravity of the situation and the necessity for prompt legal action.
While Penal Code 236 false imprisonment shares similarities with PC 207 kidnapping, the crucial difference lies in the necessity of victim relocation for kidnapping charges. Unlike PC 236, PC 207 requires the victim to be moved a substantial distance, a key distinction that separates the two.
In other words, if you hold someone against their will within one location by preventing them from freely leaving, then you could be charged with false imprisonment. This type of situation and charges are often related to domestic violence.
Another closely related crime to PC 207, which is often called simple kidnapping, is aggravated kidnapping, defined under Penal Code 209 PC. This is a charge that a prosecutor can file if certain conditions are met, such as:
- Ransom was demanded after kidnapping someone,
- Force or fear was used on a victim under 14 years old, and
- The victim sustained serious bodily injury or death.
In normal circumstances, PC 207 kidnapping is considered a “strike” under California's three-strikes law. This law mandates that individuals convicted of three serious or violent felonies face a mandatory sentence of 25 years to life in prison.
What Factors Must Be Proven?
Before this question can be answered, we need first to know the legal definition of Penal Code 207 kidnapping, which says, “Any person who forcibly, or by instilling fear, steals, takes, holds, or detains a person and carries them to another country, state, or county, or into a part of the same county, is guilty of the crime kidnapping.”
Thus, based on this definition of PC 207 kidnapping, a prosecutor must be able to prove (beyond a reasonable doubt) numerous different factors that are called the “elements of the crime.” These elements include proving that you held and moved someone against their will, using force or fear, and that the victim was 'moved' a significant distance.
These are listed under CALCRIM 1215, California Criminal Jury Instructions, which says that you held and moved someone, against their will, using force or fear. The requirement for a victim to be moved to be charged with PC 207 kidnapping means the distance moved needs to be significant. In other words, the movement can't be just a minor or non-trivial distance.
While there is no solid definition or rule under California law on how far someone must be moved, the criminal courts will generally consider several different factors to decide if this crucial element has been satisfied:
- the exact distance the victim was moved;
- if the movement helped the defendant avoid detection;
- If the movement increases the danger level to the victim.
In prior kidnapping cases, even relatively small distances have been deemed significant, but the circumstances of the case are typically the primary factor.
The use of either force or fear must also result in a significant movement of the victim. This can be accomplished by physically grabbing and dragging the victim away or moving them to another location by physical restraint. Fear is often applied by using a deadly weapon, such as holding the victim at gunpoint or knifepoint.
What Are the Related Crimes?
- Penal Code 208(b) PC - kidnapping a minor under 14,
- Penal Code 209.5 PC – kidnapping during a carjacking,
- Penal Code 210 PC – kidnapping to commit extortion,
- Penal Code 236 PC – false imprisonment,
- Penal Code 210.5 PC – false imprisonment to protect from arrest,
- Penal Code 278 PC – child abduction.
Punishment for a Kidnapping Conviction
If you are convicted of violating California Penal Code 207 PC, the penalties will always depend on whether the case involved a simple or aggravated kidnapping. A simple kidnapping felony conviction carries the following penalties:
- Three, five, or eight years in state prison, and;
- A maximum fine of $10,000.
Penal Code 209 PC aggravated kidnapping will be charged when the factors of simple kidnapping are satisfied, but additional, more severe conditions are met, including:
- Making a demand for ransom to return the kidnapped victim,
- Kidnapping of a child under 14 years old,
- Kidnapping someone during a carjacking,
- You caused a serious bodily injury or death to the victim.
Thus, if convicted of PC 209 aggravated kidnapping, the penalties include five, eight, or eleven years in a California state prison if the kidnapping victim was under 14 years old. Further, an aggravated kidnapping conviction can be punishable by life in prison, with the possibility of parole, if you kidnapped someone to commit the following crimes:
- Penal Code 261 PC – rape,
- Penal Code 288 PC – lewd acts with a minor,
- Penal Code 211 PC – robbery,
- Penal Code 518 PC – extortion.
Defenses for Kidnapping Charges
Several common defense strategies are available for our California criminal defense lawyers to reach the best possible outcome. Defending against PC 207 kidnapping charges will primarily focus on creating reasonable doubt on the main elements of the crimes, such as:
- Insufficient movement of the victim to support kidnapping charges,
- Insufficient evidence for a conviction,
- The victim gave consent to be moved,
- The defendant had parental rights to move the child.
Recall that the victim must be moved a substantial distance to be charged with the serious felony crime of kidnapping. If they were not sufficiently moved, we could probably get the charges reduced to PC 236 false imprisonment, which carries far less severe penalties.
Further, if the victim has moved a substantial distance, but force or fear can't be proven, then you have a good chance of avoiding a conviction for kidnapping. A typical example is a victim's relocation to another location through deception or fraud.
It's not uncommon to see kidnapping charges related to parents who have an active child custody dispute with their ex-spouse. We might be able to argue that there was no intent to commit an unlawful act, and the parent is not guilty of kidnapping.
It's crucial to understand that PC 207 felony kidnapping charges are a serious issue that can result in severe penalties if you are convicted. This underscores the importance of taking appropriate legal action and seeking the guidance of our experienced criminal defense lawyers, who are here to support you through this challenging process.
Suppose you are under investigation or have already been arrested and charged with simple or aggravated kidnapping. In that case, our criminal defense lawyers are here to review the details and provide the legal guidance you need. You're not alone in this process, and we're here to support you.
It might be possible to negotiate with the prosecutor for lesser charges or even a case dismissal. Furthermore, we may persuade the prosecution not to file formal charges before the court through a legal strategy known as 'prefiling intervention,' where we present our case to the prosecutor before charges are formally filed. Cron, Israels & Stark defend people against serious felony crimes, such as kidnapping, throughout Southern California. Contact us to review your case.
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