Kidnapping is usually thought of as a very violent situation where a person is forcibly stolen and restrained. While this can be the case, kidnapping can occur by accident or unknowingly, such as during the theft of a vehicle or by transporting a child for whom you believe you have rightful custody. Unlike in other states, kidnapping charges in California can result in a life sentence even if the victim was moved only a short distance.

San Diego Lawyer for Kidnapping Charges

As mentioned, kidnapping carries extraordinary sentencing in California. If you have been charged with kidnapping, for whatever reason, then you need to hire an experienced defense attorney immediately. California law enforcement moves quickly, and being charged with any type of violent crime will make it difficult to build a defense by yourself as your ability to move around or speak to witnesses will be heavily limited.

The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City, La Mesa, El Cajon, and San Diego proper.

Contact Michael Cindrich today for a free consultation at (619) 262-2500.

Kidnapping Laws in California

California Penal Code Section 207(a) defines kidnapping as the unlawful taking, holding, or detaining of another person through force or fear, and moving them any amount of distance without their consent.

Aggravated kidnapping involves additional elements, such as specific purposes or circumstances, and is covered under other sections:

  • Penal Code Section 209(a): Kidnapping for ransom, reward, extortion, or to exact something from another person.
  • Penal Code Section 209(b): Kidnapping to commit robbery, rape, or another specified felony.
  • Penal Code Section 209.5: Kidnapping during the commission of a carjacking.

There are also several specialized kidnapping laws:

  • Penal Code Section 207(b): Kidnapping a child under 14 for lewd or lascivious acts.
  • Penal Code Section 207(e): Kidnapping a child or person incapable of consent due to immaturity or mental impairment.
  • Penal Code Section 207(c): Kidnapping a person by fear or false promise outside or inside the United States for the purposes of slavery or false employment to one’s own use or the use of another.

Related offenses, such as false imprisonment (Penal Code §§ 236, 237) and child abduction (Penal Code §§ 278, 278.5), often intersect with kidnapping charges.

What Are Important Kidnapping Terms?

Understanding the legal terminology in California’s kidnapping laws is crucial:

  • Force or fear: This refers to the use of physical force or threats that cause reasonable fear of harm to compel a victim’s movement.
  • Consent: For kidnapping, a victim must not voluntarily agree to the movement. Consent requires understanding the nature of the act and acting freely without coercion.
  • Lewd or lascivious acts: As defined in CALCRIM No. 1200, this includes any touching of a child with intent to arouse or satisfy sexual desires.
  • Ransom or extortion: As addressed in CALCRIM No. 1202, these involve obtaining something of value through coercion or threats.

What Must the Jury Decide to Convict You of Kidnapping?

To convict someone of kidnapping in California, the jury must determine whether the prosecution has proven all the required elements of the offense beyond a reasonable doubt. The elements vary depending on the charge:

  • Simple Kidnapping (Penal Code § 207(a)):
    1. The defendant used force or fear to take, hold, or detain the victim.
    2. The victim was moved a substantial distance.
    3. The victim did not consent to the movement.
  • Aggravated Kidnapping (Penal Code § 209(a)):
    1. The defendant kidnapped someone for ransom, reward, or extortion, or to extract something of value from another person.
    2. The victim did not consent to the movement.
  • Kidnapping for Robbery, Rape, or Other Felony (Penal Code § 209(b)):
    1. The defendant intended to commit a specified felony (e.g., robbery or rape).
    2. The victim was moved a substantial distance beyond what was incidental to the felony.
    3. The movement increased the victim’s risk of harm.
  • Child Kidnapping (Penal Code § 207(b)):
    1. The defendant persuaded or enticed a child under 14 years old to go somewhere.
    2. The defendant intended to commit a lewd or lascivious act on the child.
    3. The child was moved a substantial distance.

These elements are described in various CALCRIM jury instructions (e.g., Nos. 1200–1204) and guide the jury’s deliberations.

Lesser and Related Offenses to Kidnapping

Several lesser offenses are related to kidnapping in California, and these may apply when the evidence does not fully support a kidnapping charge:

  • False Imprisonment (Penal Code §§ 236, 237): This involves unlawfully restraining someone without moving them a substantial distance. It can be charged as a misdemeanor or felony, depending on whether violence or menace was used.
  • Attempted Kidnapping: If the defendant intended to kidnap but failed to complete the act, they may face charges of attempted kidnapping under California law.
  • Child Abduction (Penal Code §§ 278, 278.5): Involves unlawfully taking or withholding a child from their legal guardian but does not require substantial movement or the use of force.

The Importance of “Movement” in Kidnapping Cases

Movement is a critical element in kidnapping cases under California law. For a charge to stick, the prosecution must prove the victim was moved a substantial distance. The determination depends on various factors:

  • Distance moved: Must exceed trivial or incidental movement. However, “substantial” movement may include another part of the same county, or movement to another county, state, or country.
  • Increased risk of harm: Whether the movement placed the victim in greater danger.
  • Likelihood of rescue: If the movement reduced the chance of the victim being found or the perpetrator being caught. For example, moving someone from one room to another in a hotel might suffice if it increased their isolation, but shifting someone within a single room generally would not qualify as “substantial movement.”

Penalties for Kidnapping Charges in California

Kidnapping penalties in California depend on the specific charge and circumstances:

  • Simple Kidnapping (Penal Code § 207(a)): Prison term: 3, 5, or 8 years.
  • Aggravated Kidnapping (Penal Code §§ 209(a), 209(b)): For ransom, reward, or extortion: Life in prison with the possibility of parole. For robbery, rape, or another specified felony: Life with the possibility of parole.
  • Kidnapping During a Carjacking (Penal Code § 209.5): Life in prison with the possibility of parole.
  • Child Kidnapping (Penal Code § 207(b)): Enhanced penalties if the child is under 14 years old, including additional prison terms under Penal Code § 208(b).

Parental Kidnapping and Custody Disputes

California law treats parental kidnapping as a serious offense, particularly when custody orders are violated. Parents without legal rights to take their children can be charged if they:

  • Move the child substantial distances without the other parent’s consent.
  • Violate court orders granting custody to the other parent. However, an exception exists if the parent kidnaps the child to protect them from imminent harm.

Federal Kidnapping Laws and Cross-State Cases

Kidnapping becomes a federal offense under 18 U.S.C. § 1201 when it involves moving the victim across state lines. Under the Federal Kidnapping Act, penalties include up to 20 years in prison, or more severe punishment if:

  • The victim is under 18 years old.
  • The kidnapper is not a close relative or legal guardian. Federal charges often accompany state charges, making it vital to consult legal experts experienced in both jurisdictions.

Kidnapping Laws FAQ

“Can a custody dispute lead to kidnapping charges?” Yes, if one parent unlawfully takes a child from the other, they may be charged under Penal Code §§ 278 or 278.5.

“What if the victim doesn’t testify?” While the prosecution can proceed with other evidence, the absence of victim testimony may weaken their case. However, lack of victim testimony is usually not enough for dismissal. Many victims refuse to testify because they cannot bear to see the perpetrator in court.

“Does deception count as kidnapping?” Deception alone is not enough unless it is coupled with force or fear, as clarified in People v. Nieto (2021).

“What if I didn’t mean to kidnap anyone?” The prosecution must prove intent to commit the crime. Lack of intent can be a valid defense.

Additional Resources

California International Parental Child Abduction Prevention
This page by the U.S. Department of State provides resources for preventing international parental child abduction in California. It includes prevention tips, legal information, and instructions for reporting or addressing suspected cases. Readers can find state-specific contacts and guidance on navigating legal protections and preventative measures.

California Parental Kidnapping
This resource from WomensLaw.org explains California laws on parental kidnapping, including emergency custody options and defenses. It discusses how courts assess the risk of parental abduction and provides examples of legal protections available.

Child Abduction | State of California – Department of Justice
This resource by the California Office of the Attorney General outlines the issue of child abduction, particularly by family members. It explains legal remedies, steps for reporting, and preventative measures like enrolling children in the Passport Issuance Alert Program. The page also includes links to support services and tools for recovering abducted children.

Missing Persons | City of San Diego Official Website
The City of San Diego’s Missing Persons page provides guidance on reporting missing persons, including children who may be victims of abduction. It explains investigative procedures, resources for families, and what to expect when someone is reported missing. The page also highlights factors used to determine at-risk cases and offers contact information for local authorities and organizations.

Hire a Lawyer for Kidnapping in San Diego County, CA

San Diego Criminal Defense Attorney Michael Cindrich has decades of experience protecting innocent clients from false accusations, and is prepared to fight your kidnapping charges. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City, La Mesa, El Cajon, and San Diego proper.

Contact Michael Cindrich today for a free consultation at (619) 262-2500.