California Kidnapping Laws

Under California Penal Code 207, kidnapping is any attempt by any person to move any other person a “substantial distance” 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. Certain aggravating factors can elevate the offense to a felony.

Moving a Substantial Distance

The courts have not identified a specific length that qualifies as a “substantial distance” 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, depending on what happens next.

The focus is often centered on the intention of the kidnapper in moving the victim. If the movement increased the victim’s risk of harm, or the kidnapper moved the victim to a more secluded location to avoid discovery (as in some sex crimes), then a kidnapping charge 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.

Without Consent

In a kidnapping case, 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 is a common trait in kidnapping offenses. Force can be either of the following:

• Actual use of physical force, such as beating, dragging, or carrying
• Threat of force or harm

In most instances, fraud does not constitute simple kidnapping. It means using deceptive or false statements to convince someone to do something, but its inclusion can lead to aggravated kidnapping charges. For instance:

• The victim is under 14 and was kidnapped for sexual purposes
• The case involves sexual slavery or human trafficking
• The victim was moved across state lines

For example, someone meets a 13-year-old girl in an online chat room and tells her they want to arrange for her to model summer dresses. The girl meets the individual at her school, where the kidnapper takes her to another location and sexually assaults her.

Other examples include individuals who arrive in the US and surrender their passports to brokers promising jobs, and are then sent to different states under threat of deportation. Without full knowledge and understanding of what they are consenting to, the kidnapper does not have “the victim’s consent” and may have committed aggravated kidnapping.

Aggravated Kidnapping

Aggravated kidnapping (Penal Code 209) includes demands for ransom, reward, or extortion. A kidnapping that results in any death or serious bodily harm to the victim may result in aggravated kidnapping charges as well.

Kidnapping related to a carjacking or robbery, such as a criminal taking a hostage to ensure their escape, is also aggravated kidnapping. The kidnapping must be part of the offense, and not just an incidental effect of the crime. For instance, if someone steals a car and pushes the passenger out as they drive away, they have not committed the crime of kidnapping. If they continue driving knowing that police will not ram the car while an innocent victim is inside, it becomes aggravated kidnapping.

Kidnapping Vs False Imprisonment

If the victim is not moved a “substantial distance” but can’t leave, the crime may be false imprisonment. Although this is a lesser offense, it can result in prison time if the victim suffered any physical injuries.

If you “conceal a child from imminent harm,” you are not guilty of kidnapping. You must have a reasonable good faith belief that the child is in peril, and notify law enforcement or child protective services within a reasonable period of time.

Penalties

Kidnapping is a serious felony offense in California. It qualifies as a strike under California’s three-strikes law, and defendants can face sentences of 25 years to life imprisonment. Penalties are as follows:

• Simple kidnapping: Punishable by three, five, or eight years imprisonment in state prison, up to $10,000 in fines, or both
• Kidnapping of a minor: Kidnapping of a child under the age of 14 is punishable by five, eight, or 11 years imprisonment, fines of up to $10,000, or both
• Aggravated kidnapping: Punishable with a prison sentence of life imprisonment with or without the possibility of parole (LWOP)

Child Abduction

Child abduction is the taking or concealing of a child from their lawful custodian or parent. Child abduction is a “wobbler” offense in California. In some instances, the crime is a misdemeanor, most often in parental rights cases. Parental abduction lacks the illegal intent to harm the victim, so courts have discretion to treat these cases as misdemeanors.

If the child suffers physical harm or there are other factors, the offense is a felony. Penalties include up to four years’ imprisonment, fines of up to $10,000, or both.

False Imprisonment

False imprisonment is the unlawful violation of another’s personal liberty. Any restraint on the movement of the victim constitutes false imprisonment. If a kidnapping victim is not moved a substantial distance, the defendant may receive this charge.

False imprisonment is another “wobbler” offense. In most cases, it is a misdemeanor punishable by up to one year in county jail, a $1,000 fine, or both. If the crime involves the use of force, fraud, or deceit, it’s charged as a felony.

Defenses Against Kidnapping Charges

Someone facing a kidnapping charge will likely need the services of a skilled criminal defense attorney. A kidnapping defense strategy depends on negating the elements of the crime. This means showing that the defendant did not move the victim against their will or use force or other means to do so.

Common defenses to a kidnapping charge include:

• Consent or reasonable belief in consent: Either the alleged victim went willingly with the defendant, or the defendant reasonably believed that they had consent to move the victim. The belief must be one that an objective observer would consider “consent.”
• Lack of substantial movement: The victim must move an actual distance for a kidnapping charge. What qualifies as “substantial” is up to the court.
• Absence of force, fear, or fraud: The California Penal Code section specifies that some form of threat or fraud must accompany the movement. Without action by the defendant, the offense was not kidnapping.
• False accusations: These often happen during child custody disputes. Parents accuse one another of child abduction or violations of custody orders.

There are other possible defenses not listed here. Every case is different.

Get Legal Advice From a Criminal Defense Attorney

If you need a legal defense to help avoid a kidnapping conviction, a criminal defense lawyer can make all the difference. A criminal defense attorney will examine the facts of your case, present your options, and stand with you as you fight the charges or accept a plea bargain.