California Penal Code Section 207 PC: Kidnapping

California Penal Code Section 207 PC: Kidnapping

Kidnapping laws in California can be pretty confusing. This article will break down California Penal Code Section 207 PC to help explain what kidnapping is, what the penalties are, and what defenses you can use if charged.

What is Kidnapping Under California Law?

At its core, kidnapping in California is forcing someone to move a substantial distance without that person’s consent. It’s a felony offense under California Penal Code Section 207 PC.

According to PC 207, kidnapping is:

• Taking someone and moving them by use of force, or instilling fear of injury or death;
• Holding or detaining someone by force or fear;
• Moving another person a “substantial distance” without consent;

Some key things to know:

• You don’t need to actually use force or threats for kidnapping. Just putting someone in a situation where a reasonable person would be afraid is enough.
• There is no set definition for what counts as a “substantial distance.” It depends on the specific circumstances and is up to the jury to decide.
• The distance doesn’t have to be long, just far enough to make it harder for the victim to get help or get away. Even 50 feet could be enough.

Kidnapping Doesn’t Require Moving the Victim

Here’s a not-so-obvious aspect of California’s kidnapping law: You can actually be charged with kidnapping even if you don’t move the victim at all. Under PC 207, just confining or holding someone against their will by force or fear is enough.

For example:

• Forcing someone into a room and holding them there against their will;
• Blocking someone in a car and not letting them out;
• Physically restraining someone in any location without consent.

The legal term for this is “confinement,” and it’s treated the same as physically moving someone under California kidnapping law. Either way, it’s a potential kidnapping if done through force or fear.

Kidnapping for Robbery, Rape, etc. – PC 209

There’s also a more serious kidnapping charge called “kidnapping for purposes of robbery” under Penal Code Section 209 PC.

The requirements for PC 209 kidnapping are:

• You intended to commit robbery, rape, oral copulation, or another sex offense;
• You took, held, or detained someone by force or fear;
• You moved the other person a substantial distance.

This is charged as a separate offense from PC 207 kidnapping. It brings higher penalties because the kidnapping was done specifically to facilitate another crime.

Penalties for Kidnapping in California

Kidnapping is always a felony in California. Penalties depend on what type of kidnapping you are charged with.

Penalties for PC 207 Kidnapping

• 16 months, 2 years, or 3 years in jail
• Up to a $10,000 fine

Penalties for PC 209 Kidnapping

• Life in prison with the possibility of parole
• In some cases, life without parole

Any kidnapping conviction also counts as a strike offense under California’s three strikes law. This can lead to a mandatory life sentence if you have a previous serious or violent felony.

Legal Defenses to Kidnapping Charges

If you’re facing charges under PC 207 or PC 209, it’s critical to talk to an experienced California kidnapping defense lawyer right away. There are several legal defenses that could get the charges reduced or dismissed.

You Didn’t Use Force or Fear

Remember, the use of force or putting someone in fear of their safety is a required element of kidnapping. If you can show this didn’t happen, it’s not kidnapping.

For example, if the alleged victim voluntarily went with you or had chances to get away but didn’t, you may not have committed kidnapping under California law.

No Substantial Distance

If the prosecution can’t prove you moved the victim a “substantial distance,” that could defeat the kidnapping charges. This depends on the specific circumstances, but even short distances could be argued as insubstantial.

Lack of Intent for PC 209

With PC 209 kidnapping, the prosecution must prove you intended to commit robbery, rape, or another sex crime. If you can show this intent didn’t exist, you could potentially beat the charges.

False Accusations

Unfortunately, false accusations of kidnapping do happen. If the alleged victim is lying or mistaken about what happened, an experienced criminal defense lawyer can help expose those inconsistencies and get the charges dropped.

Find an Aggressive Kidnapping Defense Lawyer

Facing kidnapping charges under PC 207 or 209 can feel overwhelming. But with an assertive legal defense, many of these cases can be won in court or resolved favorably through plea bargains.

If you or a loved one has been accused of kidnapping in California, don’t leave your freedom to chance. Consult with a top-rated defense lawyer in your area to discuss your case. An experienced attorney can thoroughly examine the evidence, identify weaknesses, and build the strongest defense to defeat the charges.

Don’t wait to get expert legal help on your side. Reach out to a qualified kidnapping defense lawyer today.