In California, kidnapping is a serious criminal offence and a confidence could atomic number 82 to some some heavy penalties.

Kidnapping under California constabulary

California's kidnapping laws are found under Penal Code 207, 208, 209 and 209 PC. You are in violations of these laws if yous are guilty of all of the following:

  1. Moving another person a substantial distance
  2. Without his or her consent
  3. Past using using forcefulness (inflicting physical forcefulness upon them) or fright (threatening to physically harm them)

Moving the alleged victim

california kidnapping laws

In club to exist guilty of kidnapping, you demand to motility the victim a substantial altitude. In order to make up one's mind whether the distance is substantial enough to exist considered kidnapping, several factors are taken into account, including:

  • The actual distance that the victim was moved
  • Whether moving the victim that distance made the kidnapper less likely to exist defenseless
  • Whether moving the victim that altitude increased the chance of ham to the victim (such every bit moving the victim out of view of potential witnesses)

It is possible for kidnapping charges to be supported by movement of a very short distance under sure circumstances. For example, if the defendant were to motion the victim simply 30 feet out of the view of potential witnesses in order to rape or otherwise physically impairment them.

This short altitude is considered substantial enough because the intention of the movement is to make information technology easier to inflict harm upon the victim.

Lack of consent

In guild for kidnapping charges to exist supported, the victim must be moved without their consent.

This ways that the victim either put upwardly a fight, or did non voluntarily hold to get with the defendant. Children and people who are intoxicated or otherwise mentally incapacitated are considered able to give consent.

Force, fear or fraud

In guild to exist convicted of kidnapping, it is not enough to simply move the victim, you must use physical force, threats of physical damage, or fraud in order to practice so. This could include restraining or dragging the victim (force) or threatening the victim with a knife or a gun (fright).

When it comes to fraud, information technology is not enough to be bedevilled of kidnapping to use fraud as a means to motility someone without also using force or feat. Fraud merely enters the equation in diverse "aggravated" kidnapping circumstance, for example, fraudulently kidnapping someone in order to sell them into slavery.

"Elementary" and "aggravated" kidnapping laws

kidnapping arrest

In California, there are 2 main types of kidnapping offenses: "uncomplicated" and "aggravated" kidnapping. "Simple" kidnapping is when you move another person a substantial distance without his or her consent using force or fear, as stated above.

"Aggravated" kidnapping, which results in greater penalties than "uncomplicated" kidnapping, includes using forcefulness, fear, or fraud in club to move another person a substantial altitude without their consent.

Additionally, "aggravated" kidnapping must include at least one of the post-obit factors:

  • You concur the victim for ransom
  • The victim suffers bodily harm or decease equally a result of the kidnapping
  • The victim is under fourteen years of age
  • The victim is kidnapped during a carjacking

Penalties for "elementary" and "aggravated" kidnapping are explained below.

There are several offenses that are related to kidnapping or that are special circumstances of kidnapping that fall under specific penal codes. Additionally, penalties for some of these offenses may vary from the penalties given for other charges of "simple" or "aggravated" kidnapping.

Child abduction

California'south child abductions law, Penal Code 278 PC, makes information technology illegal to maliciously try to keep a child you do not accept legal custody over from the child's legal parent or guardian. It is possible to be charged with child abduction in addition to kidnapping if the victim is a child who you do not have legal custody over.

Child abduction is what is known every bit a "wobbler" crime, which ways that it tin can be charged as either a misdemeanor or a felony. If charged equally a felony, the penalties for kid abduction include up to iv years in county jail and a fine of up to $x,000. If yous are convicted of child abduction in add-on to kidnapping, you lot may be ordered to serve the sentences for the two violations consecutively.

Deprivation of a child custody guild

According to Penal Code 278.five PC, also known as "kid detention," it is illegal to abduct a kid in violation of a child custody order or visitation right. This offense is unlike from kid abduction in that you can notwithstanding violate this police even if you are a parent or guardian with legal custody of the child. Information technology is also possible to be charged with violating Penal Lawmaking 278.5 PC without also being charged with kidnapping.

Similar kid abduction, deprivation of a kid custody club is a wobbler offense and penalties could include up to 1 twelvemonth in jail if charged every bit a misdemeanor and upward to 3 years in jail if charged as a felony.

Kidnapping in connection with extortion

Co-ordinate to California Penal Lawmaking 210 PC, it is illegal to commit extortion by posing as a kidnapper. For case, if you pose as someone who has kidnapped a person in club to obtain bribe money, y'all would be guilty of violating Penal Code 210 PC.

Kidnapping during a carjacking

It is illegal to kidnap a person during a carjacking under California Penal Code 209.5 PC. This crime applies if the victim is moved a substantial distance from the area where the carjacking took identify and if the movement of the victim increased the take chances of harm across the risks of the carjacking itself. If convicted of violating Penal Lawmaking 209.v PC, you may be sentenced with life in prison with the possibility of parole.

Simulated imprisonment

Penal Code 236 PC, California's false imprisonment law, is a lesser crime than kidnapping that prosecutors will sometimes charge a defendant with if they can't prove kidnapping. Information technology is also possible for the prosecutor to accuse the defendant with kidnapping but for the judge or jury to instead find him or her guilty of the lesser accuse of false imprisonment instead. A defense force chaser may too brand a plea to have the defendant's kidnapping charges reduced to false imprisonment. Penal Code 236 PC is another wobbler accuse and penalties for a felony conviction include upward to 3 years in county jail, a lighter sentence than is given for kidnapping charges.

Penalties for kidnapping

penalties for kidnapping

If bedevilled of kidnapping, you may be facing some very tough penalties, including the possibility of life in prison. Penalties for kidnapping depend on whether you are charged with "simple" or "aggravated" kidnapping likewise every bit other specific circumstances of your case. Additionally, because both "uncomplicated" and "aggravated" kidnapping are considered serious and violent felonies, they are field of study to California's three strikes law.

Simple kidnapping

"Simple" kidnapping is a felony that results in the post-obit penalties:

  • iii, 5, or 8 years in state prison and
  • A fine of up to $ten,000

Aggravated kidnapping

"Aggravated" kidnapping is also a felony that results in the post-obit penalties related to particular aggravating factors:

  • If the victim was nether 14 years of age at the time of the kidnapping you may be sentenced to 5, 8, or xi years in land prison .
  • If you kidnapped the alleged victim for ransom, reward, or extortion or for any of a number of California sex crimes, yous may be sentenced to life in land prison with the possibility of parole.
  • If the victim suffers decease (or is placed in a situation that is probable to result in expiry) or actual harm, you may be sentenced to life in state prison without the possibility of parole.

The three strikes law

A conviction of "simple" or "aggravated" kidnapping counts equally a "strike" under California'due south three strikes law. This means that, if the kidnapping confidence is your first strike, you lot volition receive a second strike on your record for whatsoever subsequent felony charges y'all receive.

If you receive three strikes on your record, either every bit a effect of your kidnapping charges or following your kidnapping conviction, you will be sentences to a mandatory minimum sentence of 25 years-to-life in a California land prison.

Legal defenses to kidnapping charges

In that location are a number of possible defenses that a California criminal defense attorney may employ to defend you against kidnapping charges including:

Insufficient evidence

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Without credible eyewitnesses, charges of "simple" kidnapping are hard to prove. If the simply bear witness is the word of the alleged victim, your chaser may be able to claim that you lot take been falsely accused. Without credible eyewitnesses or evidence such as records of phone calls placed past the victim seeking assist, the evidence against you may be bereft.

Consent

You are not guilty of kidnapping if the declared victim consented to be moved. Even if the alleged victim consents to be moved and later changes his or her mind (for example, if he gets in the car with you and after moving toward another location, changes his heed and wants to exist returned to the original location) the consent to be moved is still valid and you are not guilty of kidnapping.

Nonetheless, if the declared victim changes his mind and wants to be returned to his original location simply you continue to motion him against his volition, you accept begun to violate the "force, fear, or fraud" element of California'southward kidnapping laws and consent cannot be used equally a valid defense against kidnapping charges.

Insufficient motion

In order to be convicted of kidnapping, the prosecution must prove that you moved the alleged victim a substantial distance or a altitude that immune you to inflict additional harm upon the victim. If yous moved the alleged victim an insignificant altitude or a short altitude that did non heighten the ability to inflict impairment upon the victim, then you may be able to merits that the movement was bereft to constitute kidnapping.

You were present simply not the kidnapper

If you were not aware of a kidnapping taking place or were just in the wrong place at the wrong time, you may be able to take the kidnapping charges confronting yous dropped.

However, if you aware of the plans of the actual kidnapper and decided to remain present while the kidnapping took place, or if you lot encouraged or facilitated the kidnapping, y'all may all the same exist charged with aiding and abetting a kidnapping and will face the same penalties as the kidnapper.

Parental rights

If y'all have legal custody of a child, yous cannot be bedevilled of kidnapping that child. If you move the child a substantial distance (out of state, for instance) without the permission of the child's other parent(s) or legal guardian(south), it is possible that yous may be charged with impecuniousness of a kid custody order under Penal Lawmaking 278.5 PC.

In the state of California, the laws confronting kidnapping are tough and acquit harsh penalties. Every bit an experienced criminal defense attorney, I can assist to answer questions you lot may take nearly any kidnapping charges you lot may have against you and detect the all-time possible strategy to defend y'all against those charges. Contact my business firm today to prepare up a free case review.