{"id":371799,"date":"2016-03-31T21:34:29","date_gmt":"2016-04-01T02:34:29","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/state\/california-law\/california-kidnapping-laws.html"},"modified":"2026-07-16T09:32:58","modified_gmt":"2026-07-16T14:32:58","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\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\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\n\n

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Key Takeaways<\/h2>\n

California <\/span>kidnapping laws<\/span> cover the act of moving another person against their will by force or threat of force. Simple <\/span>kidnapping<\/span> charges<\/span> may lead to up to eight years in prison, while aggravated kidnapping<\/span> may result in life without parole. The essential element of the crime<\/span> is whether the victim was moved a substantial distance<\/span> against their will.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Under California <\/span>Penal Code<\/span> 207<\/span>, kidnapping is any attempt by any person to move any other person a \u201csubstantial distance<\/span>\u201d against their will using force or threat of force. The age of the victim or the relationship of the victim to the defendant is irrelevant. In some cases, the use of fraud to coerce a victim into moving can be grounds for a kidnapping charge<\/span><\/a>. Certain aggravating factors can elevate the offense to a felony.<\/p>\n

Moving a Substantial Distance<\/span><\/h3>\n

The courts have not identified a specific length that qualifies as a \u201csubstantial distance<\/span>\u201d for kidnapping. The amount of movement depends on the circumstances in the case. Courts have found that 29 feet is substantial and 40 feet is a trivial distance<\/span>, depending on what happens next.<\/p>\n

The focus is often centered on the intention of the kidnapper<\/span> in moving the victim. If the movement increased the victim\u2019s risk of harm, or the kidnapper<\/span> moved the victim to a more secluded location to avoid discovery (as in some sex crimes<\/span>), then a kidnapping charge<\/span> is more likely. Movement incidental to a crime, such as a robber pushing the victim out the front door during a home invasion robbery, is unlikely to result in a kidnapping charge<\/span>.<\/p>\n

Without Consent<\/h3>\n

In a kidnapping case<\/span>, lack of consent can mean the victim fought back or agreed under duress. It may also mean they got picked up, carried, or were unable to consent due to age or incapacity. The use of force<\/span> is a common trait in kidnapping offenses. Force can be either of the following:<\/p>\n