Last Updated on October 2, 2024
When most people envision kidnapping, they imagine a person snatching a young child off the street, but what California law defines as kidnapping is quite different. In many cases, kidnapping does not involve the abduction of a child at all. When it does, the offense is filed as an enhanced charge punishable by even more substantial penalties. Whether an abduction is defined as “simple” kidnapping under 207 (PC) or an aggravated version under 208 or 209 (PC) though, it is always a felony offense that can leave offenders behind bars for years to come. If you are suspected of kidnapping, contact a skilled San Diego criminal defense attorney as soon as possible.
Kidnapping Laws in California
There are three different levels of kidnapping charges in California, each with a different potential sentence. If you have been accused of abducting another person and have any questions about which specific charge you may face, be sure to speak with your attorney.
Simple Kidnaping
California Penal Code section 207 (PC) defines “simple” kidnapping as the transportation of a person without their consent through the use of force or fear, or the use of fraud in cases where the victim is under 14. To prove a defendant guilty of kidnapping under 207 (PC), the prosecution must show the victim:
- was moved a substantial distance
- didn’t consent to the movement
- was made to move through the use of fear, force, or, if the victim was under 14, fraud
The Kidnapping of a Minor Under 14
Penal Code 208 (PC) involves the abduction of a minor under 14 by someone other than a parent, adopted parent, or court-ordered guardian. Most people accused of this offense will also face charges of child abduction without custodial right. While this offense is considered a form of aggravated kidnapping, it is not the same as aggravated kidnapping under 209 (PC). To convict someone of this crime, the prosecution must prove the victim was:
- under 14
- moved a substantial distance
- subjected to force or fear
- not taken by their parent, adoptive parent, or court-ordered guardian
Notably, if a victim under 14 was abducted using a form of fraud, only simple kidnapping charges apply.
Aggravated Kidnapping
The most serious of all kidnapping laws in California, Penal Code 209 (PC), makes it a more serious crime to do any of the following:
- kidnap someone for the purpose of extortion, ransom, or reward
- cause the victim substantial injury or death
- perform a kidnapping in conjunction with robbery, carjacking, rape, forced oral copulation, or forced sodomy
To secure an aggravated kidnapping conviction, prosecutors must show all the conditions of a simple kidnapping charge of 207 (PC) were met and that one of the circumstances above applies.
Federal Kidnapping Crimes
It is common for kidnapping offenses to also be investigated by federal agents if there is any reason to suspect the victim may be brought across state or international borders. When a border crossing may be involved in the crime, federal kidnapping charges are often filed in addition to, or instead of, state charges.
What is the Sentence for Kidnapping in California?
Kidnapping is always a felony, no matter which specific law has been violated. Simple kidnapping under 207 (PC) is punishable by up to 8 years in state prison. Child abduction under 208 (PC) carries a maximum penalty of 11 years in prison. The most serious kidnapping offense is 209 (PC), which can result in a sentence of life in prison, with or without the possibility of parole.
The crime of kidnapping always qualifies as a violent felony and a strike under the state’s three strikes law, meaning offenders need to serve out 85% of their sentence before becoming eligible for parole. Those with two more strikes on their record will be subject to life imprisonment.
Note that while most kidnapping convictions do not require an offender to register as a sex offender, this requirement is mandatory for those committed under 209 (PC) for the purposes of sexual gratification.
Fighting the Charges
The best defense to kidnapping allegations varies based on each individual’s specific situation. In some cases, the best defense may involve negotiating a plea bargain, while in other situations, it could mean fighting the allegations entirely.
Sometimes, you may get the best outcome by having your attorney attempt to have aggravated kidnapping charges under 209 or 208 (PC) reduced to simple kidnapping under 207 (PC). If you’re already being accused of the most low-level kidnapping charge, your attorney may be able to have the charges knocked down to false imprisonment instead. This lesser charge carries a maximum sentence of 3 years in prison. It can even be a misdemeanor punishable by no more than 1 year in county jail.
Many of the most common defenses for other crimes can be used in these cases as well. For example, some individuals accused of this crime may be able to argue that they had an alibi or were the victim of misidentification. In some cases, you could also argue that you were performing a citizen’s arrest and were taking the alleged victim into police custody.
In other cases, the best course of action is to argue that there is insufficient evidence to prove your guilt or that you did not meet the specific requirements to be found guilty of kidnapping under the law. For example, all forms of kidnapping require the victim to be moved a substantial distance, however, there is no specific legal definition of a “substantial” distance. Instead, this standard is based on the actual distance the victim has been moved, whether the move increased the risk of harm to the victim, and if the movement made it less likely for the suspect to be caught.
Moving a victim from one room of their home to another would typically not be enough to be considered kidnapping. At the same time, using physical force to move someone from a crowded street into the backroom of an abandoned building could be considered kidnapping, even if the distance was less than one hundred feet.
Another distinction necessary to prove a kidnapping charge is to show the suspect used force or fear. The only time fraud can be used in a kidnapping charge is in the case of a child abduction with a victim under 14. If an adult was lured into a van with the promise of money, they were not kidnapped, no matter how far they were taken.
Because kidnapping charges are so complex, you should never speak with the police about this crime without your lawyer at your side. Remember that anything you say can be used against you.
Related Offenses
One of the most directly related crimes to this offense is known as “kidnapping in connection with extortion.,” filed under 210 (PC). While it sounds very similar to the ransom aspect of aggravated kidnapping, it is different in that this offense involves seeking ransom while acting as a person who kidnapped or helped abduct the victim or who can help secure the release of the victim. Because this offense doesn’t always necessarily involve taking a person against their will, it is a lesser crime than kidnapping. 210 (PC) is punishable by a maximum penalty of four years in prison.
Beyond that, those accused of this crime are also likely to be charged with false imprisonment. If the victim was used as a hostage, the defendant may also be charged with false imprisonment of a hostage to avoid arrest, punishable by up to 8 years in prison.
Lastly, when a child is taken, the kidnapper could also face charges of child abduction without custodial right. If the abductor was a parent or other individual with custody rights though, the offense can be charged as deprivation of custody. These offenses may be misdemeanors or felonies, and when charged as a felony, those without custodial right may face up to four years in prison, while those who have legal custody may face three years imprisonment.
Call an Attorney Today
The right San Diego criminal lawyer can play a critical role in fighting kidnapping accusations against you. Please call (760) 643-4050 or (858) 486-3024 to schedule a free consultation with Peter M. Liss.
