California Penal Code Section 209.5 PC: Kidnapping During Carjacking

California Penal Code Section 209.5 PC: Kidnapping During Carjacking

Carjacking is scary enough on its own. But did you know that if the carjacker forces you to go somewhere with them, they can be charged with an additional, more serious crime? This article will explain California Penal Code Section 209.5 PC, which makes kidnapping during a carjacking a felony. We’ll go over the legal definition, penalties, and defenses so you can understand this law better.

What is California Penal Code Section 209.5 PC?

This law defines the crime of kidnapping during a carjacking. Essentially, if a carjacker forces you to move somewhere – even a short distance – they can be charged with kidnapping as well as carjacking. Here are the key points:

• It’s kidnapping if the carjacker forces you to move “a substantial distance from the vicinity of the carjacking.” This doesn’t have to be miles away – even going down the block to an ATM could qualify.
• It has to happen during the carjacking itself. For example, if they carjack you first and then kidnap you later, 209.5 PC doesn’t apply.
• The victim has to be forced to move against their will. If you voluntarily go with the carjacker, it’s not kidnapping under this law.
• It applies to any victim, not just the driver. So if you have passengers in the car who are also forced to go somewhere, they too are kidnapping victims.

Overall, the key is the combination of carjacking and kidnapping together. Prosecutors take this very seriously, since it shows a greater risk to the victim than carjacking alone. Let’s look closer at the definition and penalties for this crime.

Legal Definition of Kidnapping During Carjacking

California Penal Code Section 209.5 PC states that it’s kidnapping when:

Any person, during the commission of a carjacking and in order to facilitate the commission of the carjacking, kidnaps another person who is not a principal in the commission of the carjacking.

Breaking it down further:

• “During the commission of a carjacking” means the kidnapping has to happen while the carjacker is in the process of taking the car.
• “Facilitate the commission of the carjacking” means the kidnapping is intended to make the carjacking easier.
• “Not a principal” means the victim can’t be another perpetrator – it has to be an innocent person like the driver or passenger.

So in plain English, if the carjacker forces you or your passenger to go somewhere in order to more easily steal your car, it’s kidnapping under 209.5 PC. This applies even if they only force you to move a short distance like to a nearby ATM.

Penalties for Kidnapping During Carjacking in California

Kidnapping during a carjacking is a felony in California. It’s punished by:

• Life in state prison with the possibility of parole;
• A fine of up to $10,000.

This is much more serious than the penalty for “simple” carjacking under Penal Code 215 PC. That crime is only punishable by 3-9 years in state prison. So you can see why prosecutors take 209.5 PC so seriously – it shows a greater risk to the victim.

In addition, you face other consequences like:

• A strike on your record under California’s Three Strikes Law;
• Having to register as a sex offender if the kidnapping was sexually motivated;
• Restitution fines to compensate the victim for losses;
• Loss of gun rights if convicted of a felony.

As you can see, these are very serious penalties that can impact your future. An experienced California criminal defense lawyer can help minimize them and even avoid conviction in the first place.

Legal Defenses to Kidnapping During Carjacking

Many effective legal defenses apply to California Penal Code 209.5 charges. Some of the most common include:

You were falsely accused

Mistaken identity is more common than you might think. The trauma of being carjacked can make it very difficult for victims to accurately recall faces. And eyewitness misidentification is a factor in over 70% of wrongful convictions. An alibi can show the police have the wrong person.

There was no kidnapping

Remember, the key to this charge is the combination of carjacking and kidnapping. The defense would argue there was no kidnapping at all – for example, if you voluntarily went with the carjacker or weren’t moved a substantial distance.

The kidnapping wasn’t to facilitate the carjacking

Prosecutors have to prove the kidnapping was intended to make the carjacking easier. The defense could argue there was another motive like robbery.

You were falsely accused of kidnapping after a drug deal gone wrong

Sometimes people falsely report a carjacking to cover up a drug deal or other crime. This is especially common with victims who have criminal records themselves. They may wrongly accuse you of kidnapping them in an effort to avoid getting in trouble.

Unlawful police conduct

If the police did something illegal – like conducting an illegal search or coercing your confession – the defense can file a motion to suppress that tainted evidence. This could severely weaken the prosecutor’s case against you.

Related Offenses

Prosecutors often charge 209.5 PC in connection with other serious crimes, including:

• Robbery – taking someone’s property by force or fear;
• Assault – threatening or attempting violence on someone;
• Sexual assault – sex crimes like rape that often accompany kidnapping;
• False imprisonment – depriving someone of their liberty unlawfully;
• Accessory – aiding and abetting the kidnapping.

These carry additional penalties on top of the 209.5 PC charges. Having an attorney who understands the relationships between these crimes is critical for building the strongest defense.

Conclusion

Being forced to go somewhere with a carjacker is a terrifying ordeal. As we’ve seen, it’s treated as a very serious kidnapping offense under Penal Code 209.5 PC. The potential life sentence reflects how dangerous this crime is perceived to be.

But an experienced California criminal defense lawyer can help you fight the charges. By challenging the prosecution’s evidence and raising strong legal defenses, you may be able to get the charges reduced or dismissed entirely. Don’t leave your future to chance – know your rights and fight back.