California Kidnapping Charges

The Definition of Kidnapping According To California Law

California Kidnapping Charges

A robber takes a bank teller hostage. An absent parent suddenly picks their child up from school. A powerful businessperson’s children go missing from their home. Are these all examples of kidnapping? The answer is: it depends. In California, kidnapping is a serious crime that is clearly outlined in the legal code.

Statutory Kidnapping in California

To commit the crime of kidnapping in California, a prosecutor must prove that you did all of the following:

  • Take, hold, detain, or arrest anyone
  • Through force or by instilling fear
  • Move the person
  • Into another country, state, county, or at least into a different part of the same county

Merely detaining someone in the same place does not constitute kidnapping in California but could be a case of false imprisonment. Additionally, you must move the person some substantial distance.

Substantial movements of a kidnapping victim can include any of the following:

  • Across a geographic border (country, state, or county)
  • In a way that increases the likelihood of harm
  • In a way that decreases the chances of catching the kidnapper
  • Moving the victim an actual considerable distance.

Crossing a geographic boundary will always be considered substantial. Removing a victim from a crowded area to an empty space may be significant because it can increase the chance of harm and decrease the possibility of being caught.

Even if a person takes someone across a substantial distance to be considered kidnapping in California, the person must also use force or instill fear as part of the taking or detainment. Generally, this means the kidnapper took the victim using physical force or threats of bodily harm.

What’s the Difference between Simple Kidnapping and Aggravated Kidnapping?

Kidnapping is always a felony in California. The law differentiates two levels of kidnapping: simple and aggravated. For a kidnapping to rise to the level of aggravated, an additional element must occur.

These elements can include any of the following:

  • If the victim is under 14 years old and moved through force, fear, or fraud
  • Kidnapping as part of a carjacking
  • A kidnapping that results in severe injury or death
  • Kidnapping for ransom or extortion
  • If the intent of the abduction was for other immoral purposes

When any of these occur during the offense, you can be charged with aggravated kidnapping in California.

What is the Punishment for Kidnapping in California?

Without any aggravated elements, simple kidnapping is a felony punishable by three, five, or eight years in prison. Any charge of aggravated kidnapping elevates the punishment from five years to possible life in prison, either with or without the possibility of parole. Numerous factors impact the severity of punishment, including the circumstances of your case and your criminal background.

However, there are also multiple defenses available to someone accused of kidnapping. For example, if you genuinely believed that you were protecting someone from imminent harm, your actions may be excused. A skilled criminal defense attorney can determine which defenses may apply to your case and present your side of the story.

If you have been charged with kidnapping or another criminal offense, the Chambers Law Firm is here to help. We will aggressively advocate for your rights and your freedom by working on getting you the best possible outcome for your case. To schedule a free consultation, contact us today at 714-760-4088 or dchambers@clfca.com.

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