{"id":371799,"date":"2016-03-31T21:34:29","date_gmt":"2016-04-01T02:34:29","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/california-law\/california-kidnapping-laws.html"},"modified":"2018-03-16T13:05:34","modified_gmt":"2018-03-16T18:05:34","slug":"california-kidnapping-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/california-law\/california-kidnapping-laws.html","title":{"rendered":"California Kidnapping Laws"},"content":{"rendered":"\n
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California Kidnapping Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

The crime of kidnapping<\/a> describes the act of moving another person against that person’s will. To establish the elements of set by California’s kidnapping laws, a prosecutor must show that the defendant used physical force to take, carry, or otherwise move the victim. Alternatively, the defendant must have persuaded the victim to move due to intimidation or fear. The victim did not voluntarily agree to the move.<\/p>\n

In addition, a prosecutor must prove that the defendant moved the victim for a substantial distance. The legal term for the move is "asportation<\/a>." The prosecuting attorney might establish substantial distance for the crime of kidnapping by looking at the actual distance moved. The prosecutor might also present evidence regarding the defendant’s decision to move the victim from a public place to a more secluded place.<\/p>\n

In addition, the prosecutor might show that the defendant moved the victim from one place to another in order to avoid being caught or to ease the commission of the crime. California court decisions have presented varying opinions on the types of distances and circumstances that meet the asportation requirements for a kidnapping prosecution.<\/p>\n

Overview of California Kidnapping Laws<\/h2>\n

The following chart outlines some general information about California kidnapping laws, including information about aggravated kidnapping, kidnapping defenses, and penalties for kidnapping convictions:<\/p>\n\n
Statutes<\/b><\/td>\nCalifornia Penal Code 207-210<\/a><\/td>\n<\/tr>
Simple v. Aggravated Kidnapping<\/b><\/td>\n

Simple kidnapping vs. aggravated kidnapping:<\/b><\/p>\n

While both types of kidnapping include the basic elements of the crime, aggravated kidnapping requires proof that the defendant engaged in kidnapping for the purpose of committing another crime.<\/p>\n

For example, someone might kidnap another person with a plan to commit robbery<\/a>, extortion<\/a>, or rape<\/a>. To establish aggravated kidnapping, the prosecutor must show that defendant intended to commit the underlying crime while moving the victim. Aggravated kidnapping may result in a more severe punishment under California law.<\/p>\n<\/td>\n<\/tr>

Defenses<\/b><\/td>\n
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  • The victim consented to being moved or to accompanying the defendant<\/li>\n
  • The defendant did not take sufficient action to move the victim<\/li>\n<\/ul>\n<\/td>\n<\/tr>
Penalties<\/b><\/td>\n