Los Angeles Kidnapping Defense Attorneys

How Does California Law Define Kidnapping?

California Penal Code § 207 defines the crime of kidnapping as transporting another person a certain distance without their consent. Kidnapping involves several elements prosecutors must prove in order to gain convictions.

These elements include:

• The forcible taking of another person;
• The use of fear;
• Moving the person to another country, state, county, or different area within the same county.

Types of Kidnapping Charges

Acts of kidnapping can be charged as:

• Simple kidnapping: When an individual uses force or threats to move another individual to a significant distant without their consent. A simple kidnapping can be charged as a felony.
• Aggravated kidnapping: This includes demands for ransom, causing serious bodily harm or death to the kidnapped person, and kidnapping committed during a carjacking
• False imprisonment: Any time you detain or restrain someone without consent, this can be considered false imprisonment.
• Child abduction: This charge can involve keeping a child away from someone with custody rights, such as a parent or legal guardian.

Kidnapping Penalties if Convicted in California

Kidnapping penalties will vary depending on the circumstances involved in a case, including a person’s prior criminal history.

Typically, kidnapping can result in terms of imprisonment in a state prison for three, five, or eight years. Defendants may face longer terms of imprisonment – from 5, 8, or 11 years – if the person kidnapped is a child under the age of 14.

If your kidnapping crime involved a sex crime, you may be required to register as a sex offender.