person in this state of California, and carries the person into another country, state, or county, or into another part of the same county, is guilty of kidnapping. “Kidnapping” is moving a victim a substantial distance, using force or fear to do or detaining a person against their own will.There are several ways you can violate the California Laws of Kidnapping, under Penal Code 207, 208, 209. Below are a list of some of the ways in violating the kidnapping laws.Move another person from one place to another.
A substantial distance without that person’s consentby using force or fear.
That you physically and intentionally inflict some physical force upon the victim.
That you actually threaten to hurt or inflict serious physical harm.
Aggravated kidnapping:
By moving forcefully and unwillingly:
Use force, fear or fraud upon a victim who is a child under 14 years of age,
accompany the kidnapping with a demand for ransom, that can cause the victim to suffer serious bodily harm or death, kidnap another person while you are violating Penal Code 215 PC California’s carjacking law, or
Violate a number of other laws that relate to kidnapping, by force, fear and intentionally harm ,the offense elevates to aggravated kidnapping.2 Aggravated kidnapping is a more serious charge, a conviction for which carries life in prison.
Examples of kidnapping:
Tying someone up without consent, moving him or her to a desolate location, then calling her family and demanding that they pay ransom for the release of him or her release.
By holding a gun to someone’s head without knowledge, and demanding that he drives you away from the store you just robbed without consent, by force.
Ordering a woman out of a busy store by force, out onto the street without consent, into a back alley of the store where nobody is around and then into your car to rape her without consent, all under the threat of killing her daughter if she doesn’t go with you to an unknown destination.
Telling your girlfriend’s 8-year-old son that you are taking him to the movies when you have no intention of doing so, in fact, you have no such intention and are simply “hiding” him from his mother after finding out that she cheated on you and you intentiontly force the child to go with you and away from him mother in fear.
Penalties:
“Simple” kidnapping is a felony in the state of California and is a very serious charge. It is subjecting you to up to 8 years in the California state prison which are very serious and very over crowded. Many prisoners are very dangerous and are there for life or very long sentences.. Aggravated kidnapping…also a felony…carries a sentence of five years to life, however every case and situtation is different. It really depends on the facts of the case. And because kidnapping is a strike under California’s three strikes law, you must serve at least 85% of your sentence before you are eligible for release. California takes this crime very serious and will try to get the maximum sentence. Also the bail is very high in California, and requires much collateral. Depending on your priors, most bail bonds company will require ankle bracelets. Depending on your priors, if you are a repeat offender with more than 2 strikes, the court could impose a no bail due to the serious of the case. Because it is such a serious crime, some bail companies will not even want the risk.